Are you planning a dream wedding?
As if planning a wedding isn’t already enough stress and chaos. Most couples obsess over the dress, venue, and guest list for months (if not years) in advance. And that’s completely normal.
But here’s the one thing they forget to plan…
The legal side of getting married.
If you don’t have the proper paperwork and legal documents, then your entire beautiful ceremony means absolutely nothing in the eyes of the law. Trust me when I say…
Getting the legal aspects of marriage wrong can cost you time, money, and a whole lot of stress.
So, let’s fix that. In this article, we’re going to cover:
- Everything you need to know about marriage license requirements
- Documents you need to have on hand
- Common legal mistakes couples make when getting married
- The process to streamline your wedding paperwork
Understanding Marriage License Essentials
Did you know…
All 50 states have now removed the blood test requirement to obtain a marriage license. Montana was the last state to repeal this requirement in 2019.
But don’t let that fool you. It’s not as simple as showing up and getting married. Every state has a laundry list of legal requirements at a wedding that couples must comply with. Miss just one, and your marriage may not be legally valid in that state.
Here’s what that means for you:
You need to understand exactly what documents are required in your state before your big day. Do they require a waiting period? Witnesses? Who needs to be present? Proper identification? Signature?
The paperwork alone can be overwhelming. Which is why many couples are now using online services like a remote notary to help them verify and authenticate their marriage documents without having to schedule in-person appointments.
Think about it…
One simple paperwork mistake, and your entire marriage could be invalidated. Is that something you want to risk? I know I wouldn’t.
Required Documents You Can’t Forget
Let me tell you one of the biggest secrets most couples don’t realize…
Getting a marriage license is not as simple as just “checking in” at the courthouse. In fact, you need specific documents that can vary by state AND county.
Not have one document in the right format? You guessed it. You will not receive your marriage license until you have everything.
Here’s what most states will require:
- Valid government-issued photo ID (driver’s license, passport, or state ID).
- Birth certificate (original or certified copy).
- Social Security card or number.
- Proof of divorce or death certificate (if previously married).
Both partners must appear in person together to apply for the license in most jurisdictions.
They absolutely cannot send someone else on their behalf.
The other sneaky catch…
Many states have a waiting period between when you apply for your license and when you can actually use it to get married.
Waiting periods can range from 24 hours all the way up to 7 days. This is another thing you must plan for if you live in a state that has this requirement.
Understanding Waiting Periods
The main reason states have these waiting periods is to give couples time to “cool off” and potentially change their minds. I know it sounds archaic, but it’s the law.
States with waiting periods include:
- Alaska, Florida, Massachusetts, Michigan (3 days)
- Delaware, Illinois, Maryland (24-48 hours)
- Wisconsin (6 days)
Thankfully some states have no waiting period at all. Including Idaho, Georgia, Nevada, and California. In these states, you can get married the same day you receive your license.
Pretty sweet, huh?
Common Legal Mistakes Couples Make
Ok, I’m not going to sugar coat it…
Errors on marriage licenses are more common than you might think. And they can cause major legal headaches down the road.
Here are a few of the most common ones to watch out for:
- Incorrect information on the license (dates, names, birth info).
- Marriage license expiration date not met.
- License not filed by officiant after ceremony.
Incorrect Information
Typos are one thing. But on a marriage license? They are a catastrophe waiting to happen.
Misspelled names, wrong dates, or incorrect birth information can all invalidate your marriage certificate. In one situation, a couple’s officiant actually wrote the wrong date on their marriage certificate. It cost them over $500 in fees to fix, not to mention the travel costs.
A simple $500 mistake turned into thousands almost overnight.
Missing The Expiration Date
You can’t apply for a marriage license too far in advance of your wedding date. Most licenses only last 30 to 90 days after the issue date.
Apply too early? The license will expire before your wedding date and be invalid.
Apply too late? You might not get the license in time.
The general recommendation is to apply for your license about 1-3 months before your wedding date. This gives you plenty of cushion in the event of delays.
Forgetting To File The License
Your officiant must file your signed marriage license with the county clerk within a specific timeframe after the ceremony.
Most states require the license to be filed anywhere from 10 to 30 days after your wedding.
If your officiant forgets to file it? Then your marriage isn’t legal in the eyes of the law.
Always double check with your county clerk to confirm the license was properly filed after your wedding.
How To Streamline Your Wedding Paperwork
Trust me, nobody wants to drown in paperwork during their engagement. But proper preparation is the key to making the legal side of marriage much simpler.
Start Early
Begin researching your state’s requirements at least 3 months before your wedding. Contact your county clerk’s office to get the most up to date information.
Get Organized
Create a checklist of all the documents you need. Keep copies of everything in a dedicated wedding folder.
Your checklist should look something like this:
- Application for marriage license
- Valid photo IDs for both partners
- Birth certificates
- Proof of divorce or death certificates (if applicable)
- Payment for license fees (typically $35-$120)
Double Check Everything
Before submitting your application, review every single detail of it. Even have your partner proof it too.
Fresh eyes catch mistakes you might miss.
Make sure names are exactly how they appear on your ID. Verify all dates are correct. One little typo can create huge problems later.
Understand Your State’s Unique Requirements
Some states have unique requirements when it comes to marriage laws that you need to be aware of.
Alabama no longer issues traditional marriage licenses. Couples simply submit notarized forms directly to probate judges.
Colorado allows couples to “self-solemnize” meaning you can legally marry yourselves without an officiant.
These are little details that matter. Do your homework and research all the quirks of your state’s marriage laws.
Wrapping Things Up
Legal aspects of marriage? Boring right? Not fun to plan centerpieces and cake flavors.
But I promise you they are 100% necessary.
Without the proper legal documentation, your wedding ceremony means absolutely nothing in the eyes of the law. That means no shared insurance, no tax benefits, no legal protections.
Start early, stay organized, and double check everything. Contact your county clerk at least 3 months before your wedding. Gather all the required documents. Understand your state’s waiting periods and license expiration dates.
Take the legal requirements just as seriously as every other wedding planning detail. Because at the end of the day, you want a legally recognized marriage, not just a beautiful ceremony that looked stunning on Instagram.