Wedding Ceremonies: Legally Binding Or Just Symbolic?

A wedding ceremony is not always necessary to be legally married. In the US, for example, a marriage license and an officiant to sign said license are required to be legally married. However, some states require witnesses in addition to the marriage license and officiant. A wedding ceremony can be held after the legal marriage, but it is important to be transparent with guests about the legal marriage to avoid any confusion or deception.

Marriage license requirements vary by state

Marriage license requirements do vary by state, and each state and county will have its own rules and requirements for issuing a marriage license. Here are some of the common requirements and differences between states:

Minimum Age

Many states will not allow minors to marry, but some states require parental consent for minors under 18 years of age. In Nebraska, the minimum age is 19. In some states, the minimum age is waived if there is a pregnancy, but court approval may still be required.

Consent

All parties must consent to the marriage.

Capacity

All parties must be mentally able to understand they are getting married.

ID Requirements

When applying for a marriage license, you will need to present current photo identification, such as a driver's license or passport, and proof of citizenship or residence.

Residency Requirements

Most states do not require you to be a resident to obtain a marriage license. However, some states, such as Indiana, Michigan, Montana, Ohio, Rhode Island, Vermont, and Wisconsin, require non-residents to obtain a license in the county where the marriage will take place.

Waiting Periods

There may be a waiting period of up to a week between the issuance of the license and the date the parties can marry. Waiting periods vary by state, with some states requiring one or three days, and others having no waiting period at all.

Previous Marriages

If either party was previously married, you will need to provide a divorce decree. If widowed, you will need to provide a death certificate.

Blood Tests

All states have abandoned blood tests for sexually transmitted diseases, except for New York, which tests applicants for sickle-cell anemia, and Montana, which requires blood tests for both spouses.

Witnesses

Most states require one or two witnesses, aged 18 or older, to sign the marriage certificate.

Officiants

Some states allow anyone to perform the wedding ceremony, while others require a circuit court judge or a justice of the peace. Religious ceremonies are usually conducted by religious officials, such as ministers, priests, or rabbis.

Fees

Fees for marriage licenses vary by state and county, ranging from $10 to $115.

The marriage license must be signed

The marriage license is a crucial document that needs to be signed by the couple, witnesses, and an officiant to make the wedding legally binding. The license is typically signed after the ceremony, and the process may vary depending on the state and local laws. Here are some important points to note about the signing of the marriage license:

The Couple's Signature

While the requirement for the couple's signature may vary by state, it is generally necessary for both individuals getting married to sign the license. This serves as their legal consent to the marriage and confirms the accuracy of the information provided.

Witnesses' Signatures

Witness requirements also vary by state, but witnesses are typically needed to sign the marriage license. The witnesses must be old enough to understand the significance of their actions, usually over the age of 18, and they must be able to sign their names. The witnesses can be anyone the couple chooses, such as family members or friends, and their role is to attest to the validity of the marriage.

Officiant's Signature

The officiant of the wedding ceremony is responsible for signing the marriage license and submitting it to the appropriate local authorities for certification. The officiant could be a religious figure like a priest, pastor, or rabbi for a religious ceremony, or a judge, clerk, or professional officiant from a ceremonial ministry for a non-religious ceremony. The officiant has the legal authority and responsibility to ensure the license is properly completed and returned to the issuing office within the specified time frame.

Timing of Signing

The marriage license is typically signed immediately after the wedding ceremony. It is important to ensure that all necessary parties, including the couple, witnesses, and officiant, are present to sign the license before they disperse. In some cases, the license may be signed during the ceremony as part of the proceedings, or it may be signed at the reception if the officiant is present there as well.

Obtaining the Marriage License

Before the wedding, the couple must obtain the marriage license from the appropriate authority, usually the city or county clerk's office, based on their legal wedding ceremony location. The requirements and procedures for obtaining the license vary by state and may include providing identification, proof of age, and other necessary documents. There may also be a waiting period or expiration date associated with the license, so it is crucial to plan accordingly.

In summary, the marriage license is a critical document that must be signed by the couple, witnesses, and officiant to legalize the wedding. The process ensures that the marriage is officially recognized and provides a record for public and legal purposes. It is important to understand the specific requirements and procedures in your state to ensure that all necessary steps are followed.

An officiant is required

The officiant's role is crucial, as they are responsible for ensuring that the wedding ceremony includes the necessary legal components. This includes the couple's declaration of intent, usually in the form of "I do" or "I will", and the exchange of promises or vows. The officiant also plays a key role in obtaining and submitting the marriage license, which is required for a legal marriage.

The specific requirements for officiants can vary by state and county. In non-religious ceremonies, the officiant is typically a government official, such as a judge, court clerk, or justice of the peace. In religious ceremonies, the officiant is often a clergy member, such as a priest, minister, or rabbi. However, in some states, individuals can be temporarily deputized to officiate a wedding, and online ordination through interfaith or non-denominational organizations is also recognized in many states.

It is important to note that the requirements for a legal wedding ceremony can vary, and it is always a good idea to check with the local authorities to ensure that all necessary steps are followed. While a ceremony may be personalized to reflect the couple's unique relationship, the legal components must be included for the marriage to be valid in the eyes of the law.

Witnesses may be required

The requirements for a legal wedding vary depending on the state. In the US, some states require witnesses to be present at the wedding ceremony, while others do not. Witnesses are responsible for affirming that the couple is voluntarily entering the union and signing the marriage license.

For example, in Alaska, Arizona, Delaware, Georgia, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, Utah, Washington, Wisconsin, and Wyoming, witnesses are required by law to be present at the wedding ceremony. The number of witnesses required varies from state to state, with some states requiring only one witness and others requiring two or more. In some states, such as Iowa, witnesses are required to be over the age of 18 and show valid identification.

On the other hand, some states do not require witnesses to be present at the wedding ceremony. These states include Alabama, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Hampshire, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Virginia, and West Virginia.

It is important to note that even if witnesses are not required by law in a particular state, couples may still choose to have witnesses present at their wedding ceremony for personal or cultural reasons. Additionally, the requirements for a legal wedding may change over time, so it is always a good idea to check with the local marriage laws before planning a wedding.

The marriage license must be returned to the state

The marriage license is a crucial document that must be handled carefully and returned promptly to the relevant authorities, typically the state or county that issued it. This process is essential to ensure that your marriage is legally recognised. The specific requirements and deadlines for returning the marriage license vary depending on the state and county where the wedding takes place.

In most states, the signed marriage license must be returned within a specified time frame after the wedding ceremony. For example, in California, the license should be returned within 10 days of the wedding, while in Colorado, there is no explicit time period, but the license must be returned before its expiration date, which is typically 30 days after issuance. It's important to note that these deadlines are crucial, and failing to return the license on time can have legal implications.

To ensure that your marriage is legally recognised across the United States, it's essential to submit the completed marriage license to the issuing county office within the required timeframe. This responsibility usually falls on the officiant of the wedding, who has the legal authority to complete and return the license. However, it's always a good idea to confirm the specific requirements and regulations of your state or county to avoid any complications.

The marriage license serves as a legally binding contract, and it's a crucial step in the marriage process. By obtaining and returning the license, you are providing official documentation of your marriage, which is necessary for various legal, financial, and administrative purposes. This documentation will be required for tasks such as changing your name, updating insurance policies, filing taxes, and more. Therefore, it is of utmost importance to prioritise the timely return of your marriage license to the state.

Additionally, it's worth noting that marriage licenses are typically valid only within the state where they were issued. This means that if you are planning a destination wedding or getting married in a different state than where you reside, you must apply for and obtain the license from the appropriate state or county. This ensures that your marriage is legally recognised according to the laws of that specific jurisdiction.

Frequently asked questions