While marriage is the ultimate confirmation of a love affair, a couple's first step towards the altar begins with obtaining a marriage license.
It wasn’t until the Middle Ages that a formal marriage license was needed to legalize a union. Now marriage licenses are common almost everywhere in the world.
A Marriage License Proves the Marriage is Legal
Most countries and provinces require that couples obtain a marriage license – and have it recorded – for their union to be legal.
According to the website U.S. Marriage Laws, in the United States, marriage licenses are common in all states, although the requirements for the license may differ. But even if the marriage takes place overseas, it’s considered legal in the United States if it was legal in the jurisdiction where the ceremony was performed.
It’s the engaged couple’s responsibility to acquire the marriage license. They can get their license from the clerk of court in the county or province where the marriage will take place. Usually, they'll need to pay a fee.
Marriage License Requirements
Most states no longer require mandatory blood tests (though some still check for venereal disease, rubella, TB, and sickle-cell anemia). Check individual state requirements to confirm if blood tests are needed. States not requiring blood tests may still ask for proof of immunization, so couples should have those records ready.
Couples will also need proof that they’re 18 or older – or, if younger, that their parents have given permission to the union. If either were previously married, he or she will need to prove that the first marriage has been legally dissolved.
Of course, marriages between close blood relatives are prohibited (except in some states that allow marriages between first cousins).
Marriage candidates must also have the mental capacity to enter into a contract.
Waiting Periods for Marriage Licenses
To get a marriage license in some states, a couple may have to wait a few days. This “cooling off” period is required just in case the bride or groom gets cold feet and changes his or her mind.
Regardless of the waiting period for the marriage license itself, some states mandate a waiting period from one to three days between obtaining the license and the actual wedding. In certain circumstances, this requirement may be waived.
When planning the wedding, it’s critical to determine if there’s a waiting period. A couple wouldn’t want to apply for the license the day before the ceremony, then discover that they had to wait three days to have the wedding. This may not sit well with any guests who had to fly in for the ceremony.
The states require that marriage ceremonies be officiated by authorities recognized by the states to perform marriages. Priests, pastors, rabbis, and judges all have the authority to do weddings. Tribal chiefs are authorized to perform Native American ceremonies.
Recording Your Marriage License
After the ceremony, the newlyweds are thinking about the honeymoon – the marriage license is definitely the last thing on their mind. Luckily, the official performing the marriage is charged with submitting the marriage license to the appropriate agency for recording. He’ll also obtain a certified copy, called the marriage certificate.
Couples should make sure they get a certified copy of the marriage license – it’s legal proof that they're really married. Sometimes the cost of certified copies is included in the marriage license fee, but not always, so check to make sure.
Consummation of the Marriage
Only a few states still require consummation of the union to validate the marriage. Most now recognize that when the ceremony ends, the marriage is legal.
Once married, couples should take the certificate of marriage and file it away in a safe deposit box. Seventy years from now, their grandkids can look it over and realize what a wonderful, lasting union Granny and Gramps made.
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