George Boyle
A courthouse wedding is a quick and easy way to get married, often taking less than 20 minutes. It is a popular option for those seeking an official record of their marriage, which can be necessary for marriage-based visas or green cards. To get married in a courthouse, you must first obtain a marriage license, which is a legal document that serves as an application to marry. This can be done at your local government office, and both parties must be present with valid identification and proof of age. There may be additional requirements, such as providing divorce papers if applicable, and paying a fee. Once you have your marriage license, you can proceed with your courthouse wedding ceremony, which must take place before the license expires.
| Characteristics | Values |
|---|---|
| Do you need a marriage license for a courthouse wedding? | Yes, you need to obtain a marriage license before your wedding ceremony. |
| Where do you get a marriage license? | You can apply for a marriage license at your city hall or a similar local government office, such as your county clerk's office. |
| What do you need to apply for a marriage license? | - A valid form of government-issued photo ID, such as a driver's license, naturalization certificate, or passport. |
- If either party has been divorced, a copy of the final dissolution (divorce papers).
- Payment for the marriage license (prices vary). | | Other requirements | - Some states require a waiting period between receiving your marriage license and your wedding, ranging from 24 hours to 6 days.
- You will need at least one witness over the age of 18, and some locations may require two witnesses.
- If either party was previously married, and the dissolution was within the past 90 days, you must provide a copy of the final judgment. |
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What You'll Learn
Marriage license and marriage certificate are not the same
Yes, you need a marriage license for a courthouse wedding. A marriage license is a legal document that allows a couple to marry and must be obtained before the wedding. It proves that you are legally allowed to marry. The cost of a marriage license varies from state to state and is between $35 and $150. In most states, couples must be at least 18 years old to obtain a marriage license. If either of you was previously married, you'll need to show proof of divorce or annulment.
Now, a marriage certificate is an official document that proves you are legally married and is issued after the marriage has taken place. It records the date, time, and place of the wedding, and in many places, the officiant's name is also included. The marriage certificate is created by your town or county clerk based on your marriage license. The cost of a marriage certificate ranges from $5 to $26.
To obtain a marriage license, the couple must appear together at a local government office, usually the County Clerk's Office. The marriage license is valid for a set period, usually about two months, so be sure to plan accordingly. After the wedding ceremony, the signed license must be returned to the county/state by the legally certified officiant.
While both documents are necessary and important, a marriage license and a marriage certificate are not the same. The license allows you to get married, while the certificate proves that you are now legally married.
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Where to apply for a marriage license
In the United States, marriage licenses are issued by the county clerk's office. Many counties now offer an online application process, but some still require appointments to be made in advance.
In Texas, for example, marriage licenses can be obtained from any county clerk's office, and many counties offer an online application. In San Diego County, California, appointments are required, and both parties must be present with valid government-issued photo ID. The office issues marriage licenses and performs civil ceremonies. In Chicago and suburban Cook County, Illinois, couples must obtain a marriage license from the Cook County Clerk's office, and same-sex marriage has been legal since 2014. Florida also offers marriage licenses through its county clerk's offices.
It is important to note that specific requirements and procedures may vary by state and county, so it is recommended to check with the local county clerk's office for the most accurate and up-to-date information.
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Documents required for a marriage license
To obtain a marriage license, couples must appear together and present valid identification with proof of age. Both parties must be 18 years or older and provide a copy of their final judgment if either of them was previously married and the dissolution was finalized within the past 90 days. If you have divorced within the last six months, you will need to provide a certified copy of your divorce decree.
In some states, like California, you can obtain a Non-Confidential Marriage License, which allows both parties to choose and list their new names on the marriage license. This type of license requires at least one witness to be present at the ceremony and for both parties to be living together as spouses at the time of application.
In Texas, a marriage license can be obtained from any county clerk's office, and many counties offer an online application process. If both applicants are absent, a clerk may not issue a marriage license unless presented with affidavits stating that the applicants are active-duty military members stationed abroad in support of combat or another military operation.
After receiving your marriage license, remember that it is typically valid for 90 days with no extensions, and a ceremony must take place within this period. The license must then be signed by your officiant and returned to the issuing office for registration. You will not automatically receive a copy of your marriage certificate; you must submit a separate request and payment for it.
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Marriage license fees
It is important to note that marriage license fees are non-refundable, and there are specific requirements and restrictions that vary by county and state. For example, in Broward County, there is a 3-day waiting period before a marriage ceremony can be performed unless the couple presents an original premarital course completion certificate or resides out-of-state. In contrast, in Cook County, couples who have divorced within the last six months must provide a certified copy of their divorce decree when applying for a marriage license.
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Expiry and waiting period for marriage licenses
Marriage licenses typically last for a certain period, after which they expire. This period varies depending on the state, typically ranging from 30 to 90 days from the issue date. For example, marriage licenses are valid for 90 days in California and Texas, 60 days in Florida and Illinois, and 30 days in New York. If couples do not marry within the validity period, the license expires, and they must apply for a new one. Some states allow extensions under specific conditions, but others, like California, do not.
The waiting period for a marriage license, or the minimum time between applying for a license and receiving or using it to marry, also varies by state. In New Jersey, there is a 72-hour waiting period before the license is issued, unless it is a remarriage. The marriage license application in New Jersey is valid for six months from the date accepted and can be extended by the Registrar to a maximum of one year. In contrast, Texas allows couples to obtain a marriage license from any county clerk's office, and many counties offer an online application process.
It is important to note that an expired marriage license is not legally valid for marriage. Couples must obtain a valid marriage license to get married, as it is usually illegal to perform a wedding ceremony without one. An expired license can cause legal issues, emotional stress, and financial complications, such as delays in wedding plans and access to marital benefits like tax breaks or health insurance. Therefore, couples should be aware of their state's specific rules and plan their wedding accordingly to ensure a smooth process and legal recognition of their marriage.
To renew an expired marriage license, couples must first check their state's regulations, as each state has different laws regarding expiration and renewal. They may need to apply for a new license at the local clerk's office or online, pay the required fees, and set a new wedding date within the license's validity period. Common requirements for renewal include identification, such as a government-issued photo ID, and proof of residency, such as a utility bill or bank statement.
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Frequently asked questions
Yes, you need to obtain a marriage license before your courthouse wedding. A marriage license is a legal document that serves as an application to get married. After the wedding, you and your partner must sign the license, and your officiant returns it to the county, from which you will receive a marriage certificate.
You can obtain a marriage license from your local city hall or a similar local government office, such as your county clerk's office.
You will need a valid form of government-issued photo ID, such as a driver's license, naturalization certificate, or passport. If either party has been previously married and the divorce has been finalized within the past 90 days, you will need to provide a copy of the final dissolution (divorce papers). Additionally, you will need to pay a fee for your marriage license, which varies depending on the location.
Marriage licenses typically have an expiration date, which can range from 30 to 90 days. It's important to plan your wedding date accordingly and consider any state-specific waiting periods between receiving the license and getting married.
After obtaining the marriage license, you will need to schedule your wedding ceremony before the license expires. On the day of your wedding, bring the necessary paperwork, including the license and forms of identification for both partners. Some states may require one or two witnesses over the age of 18 to be present at the ceremony.
