Getting Married in America: Understanding the Legal Requirements
From licenses to waiting periods and prohibited unions, discover the essential legal steps for a valid marriage across the United States
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Marriage in the United States, while a deeply personal commitment, is also a legal contract governed by state law. There's no single federal marriage law; instead, each state sets its own specific requirements for obtaining a marriage license and solemnizing a union. Understanding these nuances is crucial for any couple planning to wed.
The Foundation: Obtaining a Marriage License
The first and most critical step to legal marriage in the U.S. is securing a marriage license. This is a government-issued document that permits a couple to marry. Generally, both parties must apply in person at a local county clerk's office or other designated office in the jurisdiction where they intend to marry.
Common requirements for a marriage license application include:
Proof of Identity and Age: Applicants typically need a government-issued photo ID (like a driver's license or passport) and often a birth certificate or other proof of age. While the general minimum age for marriage without parental consent is 18 in most states, exceptions may exist for minors with parental or judicial approval.
Social Security Number: Most states require applicants to provide their Social Security number.
Previous Marriages: If either party has been previously married, they will likely need to provide proof of divorce or the death of a previous spouse. All prior divorces, annulments, or dissolutions must be finalized before applying for a new license.
Fees: There is almost always a fee associated with obtaining a marriage license, which varies by jurisdiction.
Waiting Periods and Validity
Many states impose a waiting period between the issuance of the marriage license and the date the marriage ceremony can be performed. This period can range from 24 hours to several days, though it may sometimes be waived by a court order. Additionally, marriage licenses have an expiration date, typically ranging from 30 to 90 days, meaning the ceremony must take place within that timeframe. After the ceremony, the signed license must be returned to the issuing office to be officially recorded, leading to the issuance of a marriage certificate – the official proof that the marriage has occurred.
Prohibited Marriages: Understanding Restrictions
Beyond the administrative steps, states also have laws prohibiting certain marriages. These generally include:
Bigamy/Polygamy: It is illegal to marry someone if you are already legally married to another person.
Incest/Consanguinity: All states prohibit marriage between close blood relatives, though the precise degree of prohibited relation varies. For instance, marriage between first cousins is illegal in many, but not all, states.
Lack of Capacity: Both parties must be mentally capable of understanding the nature and consequences of entering into a marriage contract.
Lack of Consent: Marriage must be entered into voluntarily by both parties.
Common Law Marriage and Same-Sex Marriage
While most marriages require a formal ceremony and license, a few states recognize "common law marriage." This typically requires couples to intend to be married, publicly hold themselves out as a married couple, and continuously cohabitate. However, this is the exception, not the rule, and the requirements are strict. If a common law marriage is validly established in one state, it is generally recognized in other states under the "Full Faith and Credit Clause" of the U.S. Constitution.
Finally, a landmark Supreme Court decision in Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, requiring all states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states. This fundamental right was further affirmed by the Respect for Marriage Act in 2022.
In summary, while the path to marriage in the U.S. requires adherence to specific state-level regulations, the core elements remain consistent: obtaining a license, meeting age and capacity requirements, and ensuring the absence of prohibited relationships. Always consult the specific requirements of the county and state where you plan to marry for the most accurate and up-to-date information.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
