What a Marriage License Is and Why You Need One
A marriage license is an official document issued by a state or local government that grants two people permission to marry. It serves as legal proof that a couple has met all state requirements for marriage and has been authorized by the government to enter into the legal contract of marriage. Think of it as similar to a driver's license—it's a government-issued permit that shows you meet certain conditions.
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In the United States, marriage is regulated at the state level, which means each state sets its own rules about who can marry, how to get a license, and what documentation is required. There is no federal marriage license. Instead, you obtain a license from the county or state where you plan to get married, though some states allow you to marry in a different location than where you obtained the license.
The marriage license itself is different from a marriage certificate. The license is what you obtain before the wedding ceremony—it's a permission document. The marriage certificate is the official record created after the ceremony is performed and signed by an authorized officiant. The certificate is what you use later to prove you are married for purposes like changing your name, adding a spouse to insurance, or filing joint tax returns.
According to the U.S. Census Bureau, approximately 6.2 million marriages occurred in the United States in 2021. Every single one of those couples had to obtain a marriage license before their ceremony took place. The license typically costs between $20 and $100, depending on the state, though some counties charge more.
Marriage licenses are public records in most states, meaning anyone can request to see information from them (though some personal details may be restricted). This is why you can sometimes find marriage records for historical figures or ancestors by searching courthouse databases.
Practical Takeaway: Understand that a marriage license and marriage certificate are two separate documents with different purposes. The license is your pre-wedding permission, and the certificate is your post-wedding proof of marriage. Knowing this distinction helps you request the correct document when you need it later.
Basic Requirements for Obtaining a Marriage License
Most states share common basic requirements for marriage licenses, though the specific details vary. Nearly all states require that both people getting married be at least 18 years old. Some states allow people as young as 16 or 17 to marry with parental consent or a judge's approval, but these exceptions are becoming less common. As of 2023, 17 states have set 18 as the absolute minimum age with no exceptions.
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Both people must provide proof of identity. Acceptable forms typically include a driver's license, passport, state ID card, or birth certificate. You'll need to bring the original documents or certified copies—photocopies usually are not accepted. Some counties require documents to be notarized (officially certified by a notary public).
Proof of age is a standard requirement. A birth certificate is the most common form of documentation. If you were born outside the United States, you may need to provide your original birth certificate from your home country, along with a certified English translation if it's in another language. Some states accept passports as proof of age instead.
Most states require that the two people getting married are not already married to someone else. Some jurisdictions require you to state this under oath—meaning you sign a form swearing that you're not currently married. A few states still require proof of divorce if you were previously married, typically a certified copy of the divorce decree. This requirement exists to prevent bigamy (being married to multiple people).
Many states have a waiting period between when you obtain the license and when you can use it for a ceremony. These waiting periods typically range from zero to five days. Some states have no waiting period at all, while others (like California historically did before 2023) required a three-day waiting period that could only be waived in specific circumstances. These waiting periods were originally designed to prevent impulsive marriages, though research on their actual effect is mixed.
Some states have additional requirements like blood tests (now rare—only a handful of states maintain this requirement), and a few require premarital counseling or education courses for couples under a certain age. As of 2024, blood tests for venereal disease are virtually obsolete, with only a few states maintaining them as optional rather than mandatory.
Practical Takeaway: Before you visit your county clerk's office, call ahead or check the county website to learn the exact requirements in your area. Requirements differ significantly by state and even by county within some states, so don't assume what you've heard from friends or seen online applies to your location.
How to Find Your Local Marriage License Office
Marriage licenses are issued at the county level in most states. The office that handles them is typically called the County Clerk's office, though the exact name varies. In some counties it might be called the Clerk of Court, Register of Deeds, or Vital Records office. Finding the right office starts with identifying which county you want to marry in.
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If you're getting married in the county where you live, you'll use that county's office. If you're planning a destination wedding or getting married in a different part of the state, you'll need to contact that county's office. Some states allow you to obtain a license in one county but marry in another, while other states require you to marry in the county where you obtained the license. This rule matters when planning your wedding location.
The easiest way to find your county clerk's office is to search online for "[Your County Name] County Clerk" or "[Your County Name] Marriage License." Most county offices now have websites with forms you can download, hours of operation, fees, required documents, and sometimes the ability to make appointments. State vital records offices also maintain directories of county clerk offices with contact information.
You can also call your county courthouse main number and ask for the clerk's office that handles marriage licenses. County telephone numbers are typically available through the county government website or by calling directory assistance. The staff can tell you exactly what you need to bring, any current wait times, and whether you need an appointment.
In urban areas with multiple courthouses, there may be several locations where you can obtain a marriage license. These satellite offices often have shorter wait times than the main courthouse. When you call or visit online, ask if there are multiple office locations and whether all of them issue marriage licenses.
Some counties now offer online appointment scheduling through their websites. This is increasingly common and can save you significant wait time. A few counties even offer online license applications, though most still require at least one in-person visit to verify identity and sign documents. During 2020-2021, some states temporarily expanded remote options, but most have since returned to primarily in-person processing.
If you're getting married outside the United States, you'll need to research that country's marriage requirements through its embassy or consulate in the U.S., as completely different rules apply. Many U.S. citizens also need to register their foreign marriage with their state to have official U.S. recognition, which involves additional paperwork.
Practical Takeaway: Create a simple checklist of your county clerk's office location, phone number, website, hours, fee amount, and required documents. This prevents repeated calls and ensures you bring everything needed for a single visit. Many people make multiple trips because they forgot to gather one document—planning prevents this.
Documents and Information You'll Need to Bring
Preparation is the key to a smooth marriage license application. Having all required documents ready before you visit the county clerk's office prevents delays and frustration. The core documents both people need include a government-issued photo ID, a birth certificate (original or certified copy), and proof of residence (like a utility bill or lease agreement).
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Your government-issued photo ID should be current and valid. Acceptable options typically include a driver's license, state ID card, passport, military ID, or tribal ID card. The ID must clearly show your photograph, date of birth, and have not expired. Some offices are flexible about expired IDs if they were recently expired, but it's best to renew an ID before applying for a marriage license to avoid complications.
Your birth certificate must be an official copy—either the original or a certified copy obtained from the vital records office in the state or country where you were born. A photocopy of your birth certificate or one printed from an online genealogy website won't be accepted. If you don't have your birth certificate, you can order one from your state's vital records office, though this takes time and costs an additional fee (typically $15 to $30). Plan ahead if you need to order one.