Massachusetts Weddings: When Will They Return?

During the COVID-19 pandemic, weddings in Massachusetts were impacted by restrictions on outdoor and indoor gatherings. In August 2020, Governor Charlie Baker reduced the maximum number of people allowed at outdoor gatherings from 100 to 50, impacting wedding guest lists and causing frustration among venue owners. By February 2021, capacity restrictions were being eased, with Phase IV, Step 1 beginning on March 22, allowing dance floors at wedding receptions and the reopening of stadiums and arenas with a 12% capacity limit.

Marriage licenses are required and cost $4 to $15

Marriage licenses are required for weddings in Massachusetts. The cost of a marriage license in the state ranges from $4 to $15, with most towns and cities charging about $25. The marriage license fee includes one certified copy of your marriage certificate, which will be mailed to you after the wedding. You can pay by cash, and in some counties, by credit card.

To obtain a marriage license, you must apply at any city or town clerk's office in the state. The office may also be referred to as the "marriage license bureau" and is usually located in the county probate or circuit court. There is a mandatory 3-day waiting period before your license is issued to you, and the license is valid for 60 days once you have it.

When applying for a marriage license, you must fill out a Notice of Intention of Marriage Form and provide proof of age, such as a birth certificate or passport. You do not need to be a previous or current resident of Massachusetts to obtain a marriage license, and there is no age requirement to apply for a marriage license. However, if either partner is under 18, parents or legal guardians must be present, and if an individual is under 16, a court order is required.

Once you have obtained your marriage license, you can choose who will officiate your wedding. This could be an in-state Justice of the Peace, an out-of-state clergy member, or a friend or family member with a 1-day designation. The chosen officiant must sign and return the license to the city or town clerk within 60 days of the wedding.

Licenses are valid for 60 days

If you're planning a wedding in Massachusetts, there are a few legal requirements you must meet to ensure your ceremony is official. One of the most important things to remember is that your marriage license is only valid for 60 days. Here's what you need to know about this 60-day validity period:

First and foremost, you must obtain a marriage license to get married in Massachusetts. This license is valid for 60 days from the date it is issued. The cost of the license ranges from $4 to $15, and it can be obtained from any city or town in the state, regardless of where you live or where your ceremony will take place. Same-sex marriages are legally recognized in Massachusetts, and there is no residency requirement for obtaining a license.

To secure your marriage license, you and your future spouse must visit a town clerk and complete the necessary forms. You will need to provide proof of your age, such as a birth certificate or passport. There is a mandatory 3-day waiting period after applying before you can receive your license. This waiting period does not include weekends or holidays.

Once you have your license, you are free to get married immediately. However, if you do not use the license within the 60-day validity period, it will expire and you will need to obtain a new one. After your wedding ceremony, the officiant must sign and return the license to the issuing city or town clerk within 60 days.

It's important to note that both applicants and the officiant must be present at the ceremony. Massachusetts does not require the presence of witnesses, but both partners must affirm their intent and consent to the marriage. Out-of-state clergy members or Justices of the Peace must file a non-resident petition to officiate a wedding in Massachusetts and obtain a certificate.

By understanding and adhering to these requirements, you can ensure that your wedding in Massachusetts is legally recognized and that your marriage license remains valid throughout the 60-day period.

Couples must be 18 or over

In Massachusetts, couples must be 18 or over to marry without parental consent. If either partner is under 18, parents or legal guardians must be present. If a parent cannot be present, proper evidence must be presented for verification, and a certified copy of the couple's birth certificate must be provided. If one applicant is sick and unable to visit, an affidavit from a licensed doctor must be provided. If either partner is under 16, they cannot marry without a court order.

To secure a marriage license, couples must visit a town clerk and complete forms provided by the state's registrar of vital records and statistics. Information must be given under oath. The cost of a marriage license varies from county to county, ranging from $4 to $15. Accepted forms of payment are cash. There is a mandatory 3-day waiting period before the license is issued. Once the license is issued, there is no waiting period to get married, but the license will expire 60 days from the date it is issued. After the wedding, the officiant must sign and return the license to the city or town clerk within 60 days.

If an out-of-state clergy member or Justice of the Peace is officiating the wedding, they must file a non-resident, out-of-state clergy petition to get a certificate to officiate the ceremony. They should not file the application more than 6 weeks before the wedding day. If a friend or family member will officiate, they can apply for a 1-day designation online or by mail from 6 months to 1 week before the wedding date. There is no residency requirement for 1-day designations.

Same-sex marriages are allowed

The history of same-sex marriage in Massachusetts is a long and complex one. In the 1980s and 1990s, advocates for gay and lesbian rights made significant strides in expanding parenting rights for gays and lesbians. In 1999, the Lesbian and Gay Political Alliance of Massachusetts opposed a "hate bill" that defined marriage as "the union of a man and a woman." In 2003, the Massachusetts Senate put forward legislative language creating civil unions for same-sex couples, and in 2004, the court ruled that it was unacceptable to allow different-sex couples to marry but only allow same-sex couples civil unions.

In 2004, GLAD (Gay & Lesbian Advocates & Defenders) won marriage rights for same-sex couples for the first time in the United States with their lawsuit, Goodridge v. Department of Public Health. This lawsuit argued that barring same-sex couples from marriage "deprived them of membership in one of [the] community's most rewarding and cherished institutions," and that "this exclusion [was] incompatible with the constitutional principles of respect for individual autonomy and equality under law."

In 2015, the Obergefell v. Hodges decision ensured that same-sex couples across the United States gained the right to marry. This decision also allowed same-sex spouses to dissolve their marriages on the same terms as different-sex spouses.

In 2022, the Respect For Marriage Act was signed into law, providing statutory authority for same-sex and interracial marriages and directing states to recognize valid same-sex marriages.

If you are planning a same-sex wedding in Massachusetts, you will need to apply for a marriage license at any in-state county clerk office. There is a mandatory 3-day waiting period before your license is issued to you, and it will cost between $4.00 and $15.00. Your license will be valid for 60 days once issued.

Out-of-state clergy must file a petition

If you're planning a wedding in Massachusetts, there are a few legal requirements you must meet to ensure your ceremony is official. One important consideration is whether you will have an out-of-state clergy member or Justice of the Peace officiating the wedding.

In Massachusetts, clergy members or Justices of the Peace who are authorised in other states to perform marriages must file a non-resident, out-of-state clergy petition. This is a crucial step to obtain a certificate to officiate the wedding ceremony. It is important to note that they should not file the application more than six weeks before the wedding day. The processing time for the certificate is usually between two to four weeks. Once the officiant-to-be receives the certificate, they must file it with the city or town clerk that will issue the marriage license within ten days of the ceremony.

It is worth mentioning that Massachusetts law allows anyone with a one-day designation to officiate a wedding. This could be a friend or family member of the couple. They can easily apply for this designation online or by mail, anytime from six months to one week before the wedding date. There are no residency restrictions for these one-day designations.

To summarise, while out-of-state clergy members can officiate weddings in Massachusetts, they must follow the necessary steps to obtain the required certificate. This includes filing a petition and ensuring timely submission of the relevant documents. By adhering to these guidelines, out-of-state clergy can legally perform wedding ceremonies in the state of Massachusetts.

For the most up-to-date and accurate information, it is always advisable to refer to the official government website of Massachusetts or consult directly with the city or town clerk in the relevant jurisdiction.

Frequently asked questions