Marriage License Basics

One of the legal aspects of getting married is to obtain a marriage license before the wedding. Any couple can have a ceremony performed to express their commitment, but every state in the United States requires couples to obtain a license in order for the marriage to be recognized as a legal one.

The responsibility for obtaining a marriage license rests with the prospective bride and groom. Couples obtain a license from the county clerk in the county where they will marry. Requirements for marriage licenses are set by state law and vary from state to state, and sometimes even county to county, so it's important to check specific requirements with the town/county/city clerk where the couple will marry well in advance, at least a month, of the wedding.

Some general requirements of marriage licenses include

- An age requirement - most states require both the bride and groom to be at least 18 years old. If one of the parties is younger than the required age, consent from at least one of the party's parents, sometimes both, is usually acceptable, though an age limit may be in place, such as in New York, where no one younger than age 14 may legally marry.

- A fee - all states charge a fee for issuing a marriage license, but cost varies widely. The fee can be as little as $4 (in some Massachusetts jurisdictions) up to as much as $93.50 (in Florida), and many states accept cash only.

- Presence of both parties - most states require both parties to be present at the time of application, since both parties must consent to the marriage. A witness is generally not required for the license application.

- Proof of identification - this can be as simple as a driver's license or something more substantial, such as a birth certificate.

- Proof of divorce if previously married - if either party has previously been married, proof that the marriage has been dissolved, such as divorce decree, typically will need to be presented at the time of application.

Two types of waiting periods can be involved with a marriage license. The first is a waiting period between when parties apply for a license and when they receive the license. In many states, parties can receive the license the same day they apply, but in some states, there is a waiting period of as much as six days.

The other waiting period is from the time parties receive the license to when they may marry. Most states allow parties to marry the same day they receive a license, but some states require parties to wait up to three days before they marry.

Marriage licenses in many states also carry an expiration date. Licenses may be valid for as few as 20 days or as long as a year.