Rhiannon Hendricks
In the US, marriage laws vary from state to state, and some states require a 'waiting period' between issuing a marriage license and the wedding ceremony. For example, Texas has a mandatory 72-hour waiting period, and Florida has a three-day delay, which can be waived by completing a premarital course. Couples planning a destination wedding should be mindful of these state-specific waiting periods to avoid delays. To waive the waiting period, some states allow couples to obtain a written waiver from a judge, or complete a premarital course. It is important to contact the relevant court clerk's office to understand the specific requirements and any possible waivers for the desired wedding destination.
| Characteristics | Values |
|---|---|
| State | Texas |
| Waiting Period | 72 hours |
| Waiver | Written waiver from a judge |
| Waiver | Active-duty member of the armed forces |
| Waiver | Premarital education course certificate |
| Waiver | Remarrying |
| Waiting Period for Out-of-State Couples | None |
| State | Florida |
| Waiting Period | 3 days |
| Waiver | Premarital course |
| Waiver | County court judge asserting hardship |
| Waiver | Premarital counselling course (if only one member is a Florida resident) |
| State | Massachusetts |
| Waiting Period | 3 days |
| Waiver | Marriage without delay at the probate or district court |
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What You'll Learn
Waiting periods vary by state, ranging from 24 hours to 8 days
Waiting periods for marriage licenses vary across different states in the US. In some states, couples must obtain their marriage license at least 24 hours before the wedding ceremony. For instance, in Florida, there is a mandatory 3-day waiting period before the marriage license becomes effective, unless the couple opts to attend a 4-hour premarital course from a registered provider, which waives the waiting period.
In Texas, there is a 72-hour waiting period before the marriage ceremony can take place. However, there are exceptions to this rule. For example, if the applicants obtain a written waiver from a judge, or if one of the applicants is an active-duty member of the US armed forces and can provide identification. Additionally, the waiting period can be waived if the applicants submit a premarital education course certificate form or if they are remarrying each other.
In Washington state, there is a 3-day waiting period after applying for the license before it can be used, not including the date of application. This means applicants should apply at least 4 days before the wedding. In Massachusetts, there is a 3-day waiting period before the marriage license can be picked up, although this period can be waived in some cases.
Therefore, it is important for couples to be aware of the specific waiting period requirements in their state, as they can range from 24 hours to 8 days, and plan their wedding accordingly.
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A judge can waive the waiting period
In the United States, marriage waiting periods vary from state to state. For example, in Texas, there is a 72-hour waiting period before a marriage ceremony can take place, whereas in Florida, there is a mandatory 3-day waiting period before the marriage license becomes effective. In Michigan, divorces involving children mandate a six-month waiting period before a judgment can be entered. These waiting periods can often be waived under certain circumstances.
- The applicants obtain a written waiver from a judge.
- One of the applicants is an active-duty member of the US armed forces and can show identification.
- The applicants submit a premarital education course certificate form.
- The applicants are remarrying each other.
In Florida, couples can get the waiting period waived by participating in a premarital preparation course that meets the legal requirements and is provided by a registered instructor. Alternatively, a county court judge can waive the waiting period for individuals asserting hardship.
In Michigan, while there is a mandated six-month waiting period for divorces involving children, a judge may waive this requirement in cases of undue hardship or extraordinary circumstances. It is not uncommon for parties to request a waiver when they have filed a joint petition. Ultimately, the decision to waive the waiting period lies within the discretion of the judge.
It is important to consult with an attorney specializing in family law to determine the specific requirements and processes for waiving a marriage waiting period in your state.
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Active-duty military personnel may be exempt
In the context of destination weddings and waiving waiting periods, it's important to understand the specific state laws and requirements. While I could not find specific information on clerks waiving waiting periods for destination weddings, I did find some details on marriage license requirements and waiting period exemptions for active-duty military personnel.
Active-Duty Military Personnel Exemptions
Active-duty military personnel and their spouses may encounter unique challenges when it comes to marriage licenses and waiting periods, especially if they are planning a destination wedding. Here are some important points to consider:
Texas
In Texas, there is typically a 72-hour waiting period before the marriage ceremony can take place. However, this waiting period can be waived if one of the applicants is an active-duty member of the armed forces. Proper identification must be presented to avail this exemption.
Florida
Florida has a mandatory 3-day waiting period for residents before their marriage license becomes effective. However, this waiting period can be waived if the couple completes a premarital preparation course that meets the specified legal requirements and is administered by a registered provider. Alternatively, a county court judge can waive the waiting period in cases of hardship.
It's worth noting that Florida also offers certain benefits to military personnel and their spouses. Active-duty military members and their spouses may be exempt from certain licensing fees and renewal fees. Additionally, under House Bill 615, the state may waive initial licensing fees for active-duty military personnel and their spouses when applying for specific professional licenses.
Maryland
In Maryland, the Veterans Auto and Education Improvement Act of 2022 (VAEIA) allows active-duty military service members or their spouses holding occupational licenses in another state to have their licenses recognized as valid in Maryland. This provision applies to specific professions and is valid for the duration of their military placement in the state.
It's important to remember that each state has its own laws and requirements regarding marriage licenses and waiting periods. While there may be exemptions for active-duty military personnel, it's crucial to verify the specific rules in the state where you plan to get married.
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Premarital courses can waive the waiting period
In some states in the US, there is a mandatory waiting period between issuing a marriage license and the wedding ceremony. For example, in Texas, there is a 72-hour waiting period, and in Florida, there is a three-day waiting period. However, there are exceptions to these rules. Couples can often waive the waiting period by completing a premarital course.
In Texas, a judge can waive the 72-hour waiting period. If a couple obtains a written waiver from a judge, the waiting period can be bypassed. Additionally, if one of the applicants is an active-duty member of the US armed forces, they must show identification, and the waiting period can be waived.
In Florida, couples can waive the three-day waiting period by participating in a premarital preparation course that meets the legal requirements and is provided by a registered instructor. The course can be completed through personal, video, or electronic instruction. Upon completion, the provider must furnish a certificate, which the couple can then submit to the Clerk's Office when applying for their marriage license. This option is available to both residents and non-residents of Florida.
The premarital courses cover various topics to help couples prepare for marriage. For example, the course by Elizabeth Hekimian-Williams, a Licensed Mental Health Counselor, includes interactive activities to encourage conversations between partners. These conversations may not have happened otherwise and can help couples learn more about each other.
It is important to note that there may be additional requirements for destination weddings. For example, in Florida, non-residents who waive the waiting period by completing a premarital course must still get married within the state by an authorized person, such as a pastor, priest, minister, or notary public. Therefore, it is crucial to research the specific requirements of your chosen destination for your wedding.
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Some states waive waiting periods for out-of-state couples
Marriage laws vary from state to state in the US, and it is important to be aware of these differences when planning a wedding, especially a destination wedding. Some states have a mandatory waiting period between issuing a marriage license and the wedding ceremony. This waiting period can range from 24 hours to 8 days. For instance, Texas has a 72-hour waiting period, while Florida has a 3-day waiting period for residents. These waiting periods can pose a challenge for couples planning a destination wedding, as they may arrive in the state only a few days before their wedding.
However, some states waive the waiting period for out-of-state couples. In Florida, if either partner is a resident, there is a three-day delay, but there is no waiting period for couples from out of state. Additionally, some counties in Florida decided to waive the waiting period for same-sex couples who applied for marriage licenses after the ban was lifted. In Massachusetts, while there is a three-day waiting period before you can pick up your marriage license, you can apply for a marriage without delay at the probate or district court to waive this period.
It is important to note that even within a state, there may be variations in the waiting period or the possibility of a waiver. In Florida, for example, while there is a mandatory three-day waiting period for residents, couples can get this waived by participating in a premarital preparation course meeting the legal requirements and taught by a provider registered with the Clerk. Alternatively, a county court judge can waive the waiting period for individuals asserting hardship.
Therefore, it is crucial to check the specific laws and regulations of the state where you plan to have your destination wedding. Contacting the court clerk's office or another relevant government office can provide you with the most up-to-date and accurate information regarding waiting periods and the possibility of waivers.
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Frequently asked questions
Marriage waiting periods refer to the time between issuing a marriage license and the wedding ceremony. These waiting periods vary depending on the state and can range from 24 hours to 8 days.
To waive the three-day waiting period in Florida, couples can complete a premarital counseling course of at least four hours with an approved provider. Alternatively, a county court judge can waive the waiting period in cases of hardship.
Yes, it is possible to get a waiver for the 72-hour waiting period in Texas. A judge can waive the waiting period, or if one of the applicants is an active-duty member of the US armed forces and can show identification.
