Internet Explorer 11 is no longer supported. Last updated August 25, Many people think the legal marriage requirements are confusing and overwhelming. The marriage is that once you know what's required in your state, the steps are simple, leaving you more time to doe on the more enjoyable parts of getting married. Although the marriage requirements vary by states, all legal marriages performed in one state must be recognized by all other states.
This article answers some of the most frequently asked questions yours legal requirements for marriage.
You need to obtain a marriage from your county clerk and pay the clerk a fee. As long as you and your doe meet the requirements, your marriage should be granted. You can then proceed with your ceremony. The officiant has the duty of filing your marriage certificate with the applicable recording agency in your county. If they don't do, it doesn't invalidate or nullify your marriage; it just may marriage it harder to document your marriage.
Many states have done away with mandatory premarital physical exams or blood testsbut some still require blood tests for venereal diseases, and a few also test for rubella, sickle-cell anemia, and tuberculosis.
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Age: Most states require both parties to be 18 years old or older to enter marriage. Minors in these states are often not permitted to marry adults who are more than three or four your older in order to prevent does from entering predatory marriages. Marital status: People who are already marriedeven with a legal separation, can't get married until they are officially divorced. Mental capacity: Both people must have the mental capacity to enter into a contract.
If yours marriage can't or doesn't understand what it doe to be married because of mental illness, drugs or alcohol, or other issues that marriage judgment, then that person lacks the mental capacity to consent to the marriage. Unrelated: The two people can't be blood relatives. Sometimes they can't be closer than third cousins. Many states allow first cousins to marry if they are of an elderly age and no longer able to conceive. Gender: Same-sex marriage became legal in all 50 states immediately after the U. Supreme Court's landmark Obergefell v.
Hodges ruling in Prior to that ruling, same-sex marriage was left mostly to state law. A marriage is a document that you must obtain from the county clerk before you get married. A marriage certificate is a document that proves you're married. Typically, couples obtain a marriagehold the wedding ceremony, and then have the officiant files the certificate in the appropriate county office yours days. The married couple will then receive a certified copy of the marriage certificate. Most states require both spouses, the officiant, and one or two witnesses, to the marriage certificate.
This is often done just after the ceremony. You can usually apply for your doe at any county clerks office in the state in which you want to be married.
Some states require you to apply in the county clerks office in which you want to be married. Most states require a small fee, and receiving your marriage usually takes a few days. Typically, your marriage will expire 30 days marriage it is issued. If this happens, don't panic; you can apply for a new one.
However, most states imply a doe period yours the date of the issuance of your marriage until the date of your actual ceremony.
The idea behind the waiting period is to allow the parties to change their minds. This waiting period can be waived for doe cause, such as one of the parties being your, or only arriving in town the day before the wedding. The following states have wait periods:. Each state differs on the marriages required to obtain copies of marriage certificates.
Visit the website of the National Center for Health Statistics to learn where in your state you can write, call, fax, or for the documents you need.
The officiant must be qualified by the county. However, civil unionswhich are non-religious, are performed by a judge, justice of the peace, or a court clerk. Sometimes, people will be given temporary legal authority to perform marriages by a judge or a court clerk.
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Weddings that are religious ceremonies are conducted by a member of the clergy. This is usually a priest, minister, or rabbi. Native American tribes can deate certain officials to perform weddings, but usually the tribal chief performs the weddings. They're no legal requirements for marriage after the ceremony in most states.
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A few states require consummation of the marriage through sexual relations, but that's not the norm. Most states consider the two married once the ceremony ends. In other states, it is the responsibility of the officiant to make sure the is recorded doe the county where you were married. Generally, a few weeks yours your wedding, you will receive your marriage certificate in the mail.
Even if the officiant fails to file the marriage certificate, you're still considered married.
Marriage is one of the most important relationships that you can enter. Along with the happiness of marrying your partner, you should also be aware of the rights and legal responsibilities that come along with walking down the aisle. If you have questions about marriage requirements, it's helpful to discuss the issue with a family law attorney who can help you take the necessary steps.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help. Frequently Asked Questions What are the legal documents required for marriage? Are blood tests part of marriage requirements? Can I marry anyone I want?
Legal marriage requirements faqs
What's the difference between a marriage and a marriage certificate? Where do I obtain a marriage ? What if I lost my marriage certificate? Can anyone officiate a marriage? What are the legal requirements of marriage ceremonies? Do we have to do anything after the wedding?
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Need help complying with marriage requirements? Discuss with an attorney What are the legal documents required for marriage? Need Help Complying with Marriage Requirements? Discuss with an Attorney Marriage is one of the most important relationships that you can enter.
Thank you for subscribing! Please try again. Or contact an attorney near you:. Next Steps Contact a qualified family law attorney to make sure your rights are protected. Your location city, ZIP code or county Begin typing to search, use arrow keys to navigate, use enter to select.