Marriage Requirements

Learn more about marriage requirements. Continue reading to find out more.

Which legal documents are required to obtain a marriage?

A marriage license must be obtained and a fee paid to the county clerk. As long as you and your spouse meet the conditions, your marriage license should be accepted. Following that, you may begin the ceremony. The officiant must file your marriage certificate with the county’s proper recording agency. If they do not, your marriage is not declared illegitimate or null; it simply becomes more difficult to document.

Are blood tests a required part of the marriage process?

Many states have eliminated premarital physical examinations and blood tests, however some continue to do so. Blood tests for venereal diseases are mandatory, and some laboratories also screen for rubella, sickle-cell anemia, and tuberculosis. Although HIV/AIDS testing is not compulsory, the majority of states require that marriage license applicants be offered such tests or information on testing facilities.

 

Isn’t it feasible for me to marry anyone I please?

Both parties must be at least 18 years old to marry in the majority of states. Specific states permit minors over a certain age to marry with parental and/or court approval. To keep youngsters out of predatory marriages, many states usually prohibit minors from marrying adults three or four years their senior.

Individuals who are already married, even if they have a legal separation, are not permitted to marry again until they have obtained a formal divorce.

Mental capacity: Both parties must have the mental capacity to enter into a contract. Neither party has the mental capacity to consent to the marriage due to mental illness, drug or alcohol abuse, or other factors impairing judgment.

They cannot be blood relatives due to the fact that they are unrelated. They cannot always be second cousins. Numerous states permit first cousins to marry if they are over the age of 50 and no longer capable of reproducing.

Gender: Following the United States Supreme Court’s historic Obergefell v. Hodges decision in 2015, same-sex marriage became legal in all 50 states. Prior to that ruling, state law generally governed same-sex marriage.

 

What distinguishes a marriage license from a marriage certificate?

You must get a marriage license from the county clerk prior to marrying. A marriage certificate is a legally binding document certifying your marital status.

Most couples obtain a marriage license within a few days, perform their wedding ceremony, then have the officiant file the certificate with the proper county office. The newlyweds will receive a certified copy of the marriage certificate. In the majority of states, the marriage certificate must be signed by the parties, the officiant, and one or two witnesses. This is typically done in the immediate aftermath of the wedding.

Where can I obtain a marriage license?

Generally, you can obtain a marriage license at any county clerk’s office in the state in which you wish to marry. Certain states demand that you file an application with the county clerk’s office in the county where the marriage will take place. Most states charge a little fee and issue marriage licenses within a few days.

Your marriage license is typically valid for 30 days from the date of issuance. If this occurs, have no fear; you can apply for a new one. However, the majority of states mandate a waiting period between the date of your marriage license issuance and the day of your wedding. The goal of the waiting period is to allow both parties to reconsider their positions. The waiting period may be waived for good cause, such as one of the parties being deployed or arriving in town the day before the wedding. The following states have waiting periods:

There is a one-day waiting period in Delaware, Illinois, and South Carolina.

Maryland and New York require a two-day wait.

There is a three-day waiting period in Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, and Washington.

Minnesota, Ohio, and Wisconsin all need a five-day delay.

How do I proceed if I’ve misplaced my marriage license?

The procedures for acquiring certified copies of marriage records differ by state. Visit the National Center for Health Statistics’ website to determine who you can write to, who you can contact, who you can fax, or who you can email to obtain the documents required in your state. Almost definitely, there will be a small fee, perhaps between $5 and $10.

Is anyone capable of officiating a wedding?

No, the county is responsible for accrediting the officiant. Civil unions, on the other hand, are not religious in nature and are performed by a judge, justice of the peace, or court clerk. On rare occasions, a judge or court clerk will grant someone temporary legal license to perform weddings. Religious weddings are performed by a priest or other church member. This is typically a priest, minister, or rabbi. Weddings can be performed by tribal officials chosen by the tribe, however the tribal chief performs the majority of weddings.

Is there anything else we should do following the wedding?

Following the ceremony, there are no legal requirements for marriage in the majority of states. Only a few governments require sexual contact as part of the marriage consummation process, although this is not the norm. When the ceremony concludes, the two are considered married in the majority of states.

In some states, the officiant is responsible for ensuring that the marriage license is recorded in the county where the marriage took place. Typically, a few weeks following your ceremony, you will receive your marriage certificate in the mail. Even if the officiant fails to file the marriage certificate, you are still considered married.

Are You Having Difficulties Meeting Marriage Requirements? Consult an attorney.

Marriage is one of the most vital relationships you can join. Along with the excitement of marrying your partner, you should be aware of your legal rights and obligations. If you have any queries concerning marriage requirements, you should consult a family law specialist who can assist you throughout the procedure.