Tips for Marriage

Getting married is probably the largest decision you'll ever make and affects every area of your life. Along with the benefits and rights of marriage come legal and financial obligations, so make sure you are prepared when it comes time to tie the knot. Here are some tips to help ensure that the transition into married life goes as smoothly as possible.

The Definition of Marriage

Marriage is the legal union of two people as recognized by the state. It is usually accompanied by a license and ceremony. It may not sound romantic, but marriage is essentially a legal contract between two people.
In the U.S., most states require that the couple be of opposite sexes, but some states now allow same-sex marriage. A few states also allow something referred to as a "common law" marriage, which is created when two people live together for a period of time, hold themselves out as married, and intend to be married.

Consider a Prenuptial Agreement

Before you take the plunge, you should strongly consider getting a prenuptial agreement. This is one of the most important marriage tips there is.
There's a lot of popular myth about what a prenuptial agreement is and who uses them. While wealthy individuals do often use prenuptials, a prenuptial has far more uses than simply protecting the assets of a wealthy individual. Prenuptials can be used to:

• Protect the wealth of one party
• Protect a party from assuming the debts of the other party
• Determine how property will be distributed upon death (especially important if you have children from another marriage and wish the property to pass to them, not your spouse)
• Clarify financial rights and responsibilities during a marriage
• Avoid long, costly disputes in the event of a divorce

If You Don't Get a Prenuptial Agreement

Absent a prenuptial, your state has a series of laws that determine how property is handled during marriage and after marriage. In most states, for instance, your spouse is entitled to:

• Share and receive ownership of property acquired during the marriage
• Receive some of your property upon death
• Share in any debts acquired during the marriage
• Share responsibilities in managing property acquired during the marriage

There many good reasons to deviate from your state's laws. For instance, if you have children from a previous marriage, you may want your property to pass to your children rather than transfer to your current spouse upon your death. The advantage of a prenuptial agreement is that you can craft it to meet your particular needs.

Marriage Requirements

When it comes time to formally get married, make sure that your marriage complies with your state's law on the subject. Things to find out about your state's marriage laws include:

• Do I need a marriage certificate?
• Are there any legal requirements I need to satisfy before getting married?
• Who can legally perform the marriage ceremony?
• Does my state require any blood tests or other testing before getting married?
• Does my state require any counseling before getting married?

The Rights and Benefits of Marriage

You may be getting married because you're in love, but it doesn't hurt that marriage also has a lot of perks that come with it. States have built-in incentives to ensure that couples want to get married. Some of those incentives include:

• Tax benefits when filing jointly
• Government benefits such as Social Security, Medicare and disability benefits
• Employment benefits such as health care and medical leave
• Estate benefits, including inheritance rights
• Authority to make decisions that affect both individuals in the marriage, such as medical decisions
• Financial support from your spouse in case of divorce

Make a Financial Plan

Money continues to be the number one cause for divorce in the U.S. In order to avoid marriage money problems, it pays to sit down and have a serious financial conversation with your new partner. It may not be pretty or exciting, but it's something that needs to be done or you may end up literally paying for it down the road.
While there are more topics than can possibly be covered in any one article, consider the following questions when setting expectations for your financial future with your partner:

• What should your money be spent on - what's essential and what's discretionary
• What are the shared expenses, and what are the expenses that each individual is supposed to account for
• Which accounts should be made joint accounts, and which accounts should be kept separate
• If there is a disparity in income, who should be contributing to what and how much
• How are debts that come into the marriage going to be handled
• Who is actually sitting down and paying the bills

Set goals that you will need to save for, and state how long you think it should take to save for them. Constantly revisit this topic, as your expectations and circumstances will change over time. Some basic topics to consider include:

• Will you be buying a house
• Will you be having kids
• Will you be saving for college for any potential kids
• When do you expect to retire
• How often would you like to travel
• Will you be modeling or redecorating at any point
• Will you be buying cars

After the Wedding

There's a surprising amount of work to be done after the marriage and honeymoon. Depending on what you and your spouse have decided, consider:

• Changing your legal name
• Updating your estate documents, such as wills, powers of attorney, etc.
• Adding your spouse as a beneficiary to your financial accounts, such as bank accounts, life insurance policies, retirement plans, etc.
• Adding your spouse to your health insurance policy
• Adopting a child from your spouse's previous marriage

Marriage Requirements Basics: Consent, Age, and Capacity

Perhaps you think the legal requirements for marriage are confusing and overwhelming. With so much that goes into planning a wedding these days: selecting the perfect dress, choosing a carefully coordinated menu of classic dishes culminating with a show-stopping wedding cake, and finding just the right venue -- navigating through the legal requirements might be low on your to-do list.
The reality is that once you know what is required in your state, the steps are simple, leaving you more time to concentrate on the more enjoyable parts of getting married.
Consent
Before a marital union is recognized by a state, there must be consent or agreement between the parties of the union to be married. For consent to exist, both parties must agree to the marriage and there must be no mistake as to the nature of the union. In addition, no force must be used upon either party to enter into the union. Once consent is determined to exist, the laws of the individual states determine the status of the couple as spouses.
Age
Age is an additional aspect of consent to marry. All states set the age which must be reached by both parties to the marriage before they are able to legally agree to become spouses without parental permission. For all but two states, this "age of consent" is eighteen (in Mississippi the age is 17 for females and 15 for males, while in Nebraska the age is 17).
The states vary in determining the minimum age at which a couple can marry with parental consent. For the majority of states this age is sixteen, though in a very few states the age is as low as fourteen.
Capacity
Capacity generally refers to the mental ability of one or both of the parties to the marriage to agree to become husband and wife. Both parties must be of "sound" mind and capable of agreeing to the marriage. Not all forms of mental illness and insanity serve to render someone incapable of entering into a marriage. A common test of capacity is the ability of individuals to understand the nature of marriage, and what their responsibilities are to their partners once they enter into the union such as financial obligations. Physical incapacity -- and in particular the physical inability to have sexual intercourse -- does not in and of itself render one incapable of marrying, and does not on its face void a marriage that has already occurred.
Can I Marry Anyone I Want?
No, you can't. Two people generally cannot be blood relatives. In most states, 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.
Many states still only allow marriage to be between a man and a woman - but same-sex marriage laws are changing every day. Although the majority of states have some form of legal restriction on same sex marriage, a growing number of states and/or courts are allowing same sex marriages.
Have a Marriage Law Question? Get a Free Case Review
If you and your partner are considering getting married, it may help to speak with an experienced family law attorney. An attorney will ensure that all of the legal requirements of marriage are met before you walk down the aisle and can also address other legal questions and issues you may face down the road. You can speak to an attorney in your area today and receive a free initial review of your situation.

Can Prenuptial Agreements Help You?

A prenuptial agreement, also called a premarital agreement or a prenup for short, allows a couple to set the terms of property rights for their marriage. There are a lot of misconceptions about what prenuptial agreements are and who uses them.
What Can a Prenup Do For Me?
While wealthy individuals do often use prenups, prenuptial agreements have far more uses than simply protecting the assets of a wealthy individual. Prenups can be used to:

• Protect one party's assets
• Protect a party from assuming the debts of the other party
• Determine how property will be passed upon death
• Clarify financial rights and responsibilities during a marriage
• Avoid long, costly disputes in case of divorce

If You Don't Get a Prenuptial Agreement
Absent a prenup, your state has a series of family laws that determine how property is handled during marriage and after marriage. In most states for instance, your spouse is entitled to:

• Share and receive ownership of property acquired during the marriage
• Receive some of your property upon death
• Share in any debts acquired during the marriage
• Share responsibilities in managing property acquired during the marriage.

There are many good reasons to deviate from your state's laws. For instance, if you have children from a previous marriage, upon your death you may want your property to pass to your children rather than transfer to your current spouse. The advantage of prenuptial agreements is that you can craft them to meet your particular needs.
Creating a Valid Prenuptial Agreement
Originally, prenuptial agreements were heavily scrutinized by judges because they were traditionally used to protect a wealthy individual from a partner with substantially less financial means. The fear was that the poorer spouse was being coerced to sign and that such agreements encouraged the dissolution of marriages.
Today, however, every state allows prenuptial agreements, and divorce and remarriages are more widely accepted. In addition, women are considered to have a more equal place in society and require less protection from courts. As a result, most prenups will be upheld as valid.
The Courts Role in Prenups
Courts do, however, still analyze prenups with a careful eye so it pays to do it right. Create a prenup that is clear, understandable and justifiable. If a judge decides that your prenup is unfair or doesn't meet state requirements, the agreement will be set aside.
Although it is perfectly fine to negotiate and create a basic prenup yourself, both parties should get the prenup reviewed by their own attorney who can advise them on their rights and review the prenup to ensure it complies with state law.
Have Questions About Prenuptial Agreements? Get a Free Initial Review Today
Starting a conversation about prenuptial agreements isn't always the easiest thing to do. However, not having that conversation can come back to haunt you years down the road. The good news is that there are family law attorneys who can help you set up a prenuptial agreement and, since they're experienced with these types of cases, can give you guidance on how to start that conversation. Reach out to a local attorney today and receive an initial review of your case initial review of your case for free.

Who Owns What in Marital Property?

Who owns what property in a marriage, after divorce, or after a spouse's death depends on whether the couple lives in a common law property state or a community property state. During marriage, these classifications may seem trivial, but in the unfortunate events of divorce or death, these details become very important.
Common Law Property States
Most states are common law property states. So, what does it mean to live in a common law property state? The term "common law" is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. If both spouses' names are on the title, each owns a one-half interest.
Example: If Wife buys a car and puts it only in her name, that car belongs to only Wife. If Wife buys a car and puts it in her name and Husband's name, then the car belongs to both of them.
Property distribution upon death or separation: When one spouse passes away, his or her separate property is distributed according to his or her will, or according to probate, without a will. The distribution of the marital property depends on how the spouses share ownership. If they own property in "joint tenancy with the right of survivorship" or "tenancy by the entirety", the property goes to the surviving spouse. This right is independent of what the deceased spouse's will says. However, if the property was owned as "tenancy in common", then the property can go to someone other than the surviving spouse, per the deceased spouse's will. Not all property has a title or deed. In this case, generally, whoever paid for the property or received it as a gift owns it.
If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. Of course, the couple can enter into an agreement before the marriage, explaining how to distribute the marital property upon divorce.

Community Property States

The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. Community property states follow the rule that all assets acquired during the marriage are considered "community property". Marital property in community property states are owned by both spouses equally (50/50). This marital property includes earnings, all property bought with those earnings, and all debts, accrued during the marriage. Community property begins at the marriage and ends when the couple physically separates with the intention of not continuing the marriage. So, any earnings or debts originating after this time will be separate property.
Any assets acquired before the marriage are considered separate property, and are owned only by that original owner. A spouse can, however, transfer the title of any of his or her separate property to the other spouse (gift) or to the community property (making a spouse an account holder on bank account). Spouses can also comingle their separate property with community property, for example, by adding funds from before the marriage to the community property funds.
Spouses may not transfer, alter, or eliminate any whole piece of community property without the other spouse's permission. A spouse can manage his or her own half the way he wishes, but the whole piece includes the other spouse's one half interest. In other words, that spouse cannot be alienated from his or her one half.
Separate property includes

• Property owned by just one spouse before the marriage
• Property given to just one spouse before or during the marriage
• Property inherited by just one spouse

Community property includes

• Money either spouse earned during the marriage
• Things bought with money either spouse earned during the marriage
• Separate property that has become so mixed with community property that it can't be identified

Example: Wife and Husband have been married for ten years. Wife works as a successful doctor and uses her earnings to buy a car. That car is community property, and both Husband and Wife own the car equally.
Example: Husband owns a valuable piece of antique furniture that he acquired before the marriage. Husband alone owns the antique as his separate property. The antique is not community property, because it was acquired before the marriage. If Husband wants to give his wife a one half interest in the antique, he may; then, the antique would be part of the community property.
Property distribution upon death or separation: When one spouse passes away, his or her half of the community property passes to the surviving spouse. Their separate property can be devised to whomever they wish according to their will, or via probate without a will. Many community property states offer an interest called "community property with the right of survivorship". Under this doctrine, if a couple holds title or deed to a piece of property, usually a home, then upon a spouse's death, title passes automatically to the surviving spouse, avoiding court proceedings.
If the couple divorces or obtains a legal separation, all of the community property is divided evenly (50/50). The separate property of each spouse is distributed to the spouse who owns it and is not divided according to the 50/50 rule. Sometimes, economic circumstances warrant awarding certain assets wholly to one spouse, but each spouse still ends up with 50% of all community property in terms of total economic value. This is most common regarding marital homes. Since it is not feasible to divide a house in half, often the court will award one spouse the house, and the other spouse receives other assets that's value is equal to half the value of the home.
Before the marriage, the couple may enter into an agreement that lays out how the marital property should be divided upon divorce.
Exceptions to the equal division rule:

• One spouse misappropriates the community property, whether before or during a pending divorce.
• One spouse has incurred educational debts. This is the same as separately incurred debt. On divorce, the spouse takes his or her GSL loans with him or her.
• One spouse incurred tort liability NOT based on activity for the benefit of the marital community.
• A personal injury award is community property during the marriage, but on divorce is awarded to the injured spouse.
• "Negative community" refers to a situation where the community liabilities and debts exceed the available assets to pay the liabilities and debts. Here, the relative ability of spouses to pay the debt is considered. The interest here is to protect creditors.

See also:

• How to Avoid Marriage and Money Problems
• Sample Financial Statement
• What Happens to the Engagement Ring in a Broken Engagement?

Questions About Property Division? Get a Free Case Evaluation
Dividing marital property upon divorce or death of your partner is never an easy topic to discuss. While the logistics of property division will depend upon which state you live in, it can all get quite confusing. You don't have to figure out the law on your own, however. Speak with a family law attorney in your jurisdiction today for a free case review and to learn about your options.

Legal Requirements for Marriage FAQ's

Many people think the legal requirements for marriage are confusing and overwhelming. The reality is, once you know what is required in your state, the steps are simple, leaving you more time to concentrate on the more enjoyable parts of getting married. Although the legal requirements vary state to state, all legal marriages between a man and a woman performed in one state must be recognized by all other states. This article answers the most frequently asked questions regarding legal requirements for marriage.
What are the legal documents required for marriage?
You need to obtain a marriage license from your county clerk and pay the clerk a fee. As long as you and your spouse meet the requirements, discussed below, your marriage license should be granted. You can then proceed with your ceremony. After the ceremony, whoever officiated your wedding has the duty of filing your marriage certificate with the applicable recording agency in your county. If that person fails to do so, it does not invalidate or nullify your marriage; it just may make it harder to document your marriage.
Are blood tests still required before marriage?
Many states have done away with mandatory premarital physical exams or blood tests. Some states still require blood tests for venereal diseases, and a few also test for rubella, sickle-cell anemia, and tuberculosis. No state requires mandatory HIV/AIDS testing, but most states require that marriage license applicants be offered such tests or information where they can obtain a test.
Can I marry anyone I want?
Not necessarily. Most states require both parties to be 18 years old or older. Otherwise, they must obtain consent from a parent or judge. The most common situations in which a judge consents to an underage marriage is when the woman is pregnant, and in these circumstances, the judge often requires proof that the couple can financially support themselves.
People who are already married, even if they have been separated for a long period of time, cannot get married until they divorce their former spouse. Proof of dissolution (divorce), annulment, or death of previous spouse is required to show termination of any and all prior marriages. When in a legal marriage, changing your legal status from married to unmarried or single is obtained via a dissolution or divorce.
Both people must have the mental capacity to enter into a contract. If because of mental illness, drugs or alcohol, or other issues that affect judgment, either person cannot and does not understand what it means to be married, then that person lacks the mental capacity to consent to the marriage.
The two people cannot be blood relatives. In most states, 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.
Same-sex marriage became legal in all 50 states immediately after the U.S. Supreme Court's landmark Obergfell v. Hodges ruling in 2015, citing the Equal Protection Clause of the 14th Amendment. Prior to that ruling, it was left mostly to state law, several of which legalized marriage equality through the courts or legislation. Check out FindLaw's Same Sex Marriage section for a wealth of information on this issue.
What's the difference between a marriage license and a marriage certificate?
A marriage license is a document you must obtain from the county clerk before you get married. A marriage certificate is a document that proves you are married.
Typically, couples obtain a marriage license, hold the wedding ceremony, and then have the person who performed the ceremony file a marriage certificate in the appropriate county office within a few days. This may be the office of the county clerk, recorder or registrar, depending on where you live. The married couple will then be sent a certified copy of the marriage certificate.
Most states require both spouses, along with the person who officiated and one or two witnesses, to sign the marriage certificate. This is often done just after the ceremony.
Where do I obtain a marriage license?
You can usually apply for your marriage license 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 license usually takes a few days.
In most states, your marriage license will expire 30 days after it is issued. If this happens, do not panic, you can apply for a new one. On the other hand, most states imply a waiting period from the date of the issuance of your marriage license until the date of your actual ceremony. Usually, this time period is only one to five days. The idea behind the waiting period is to allow the parties to change their minds. This waiting period can be waived for good cause, such as one of the parties being deployed, or only arriving in town the day before the wedding. The following twenty-six states have wait periods:

• 1 day wait period: Delaware, Illinois, South Carolina
• 2 day wait period: Maryland, New York
• 3 day wait period: Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, Washington
• 4 day wait period: Connecticut
• 5 day wait period: Minnesota, Ohio, Wisconsin

What if I lost my marriage certificate?
Each state differs on the steps required and the locations to obtain copies of marriage certificates. The process is fairly simply in each state, and you can obtain copies of yours or even someone else's. Visit the website of the National Center for Health Statistics to learn where in your state you can write, call, fax, or email for the documents you need. There will probably be a small fee, between $5 and $10.
Can anyone officiate a marriage?
No. The officiant must be qualified by the county. Civil unions, which are non-religious, are performed by a judge, justice of the peace, or, in some states, a court clerk. Sometimes, people will be given temporary legal authority to perform marriages by a judge or a court clerk. 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 designate certain officials to perform weddings, but usually the tribal chief performs the weddings.
What are the legal requirements of marriage ceremonies?
The marriage ceremony must be performed in front of witnesses and an officiant, qualified by the state, such as a priest, rabbi, or judge. Civil ceremonies are conducted by judges or, in some states, county clerks and government officials. No state authorizes ship captains to perform marriages. Most states require at least two witnesses to sign the marriage certificate.
Do we have to do anything after the wedding?
First of all, every state has different laws on the books so you must confer with your state to find out what laws apply. Generally speaking, most states have no legal requirements for marriage after the ceremony. A handful of states require consummation of the marriage through sexual relations. Most states do not require consummation and simply consider the two married once the marriage ceremony ends.
In other states, after your wedding, it is the responsibility of the person who performed your wedding ceremony to make sure the license is recorded with the county where you were married. Generally, a few weeks after your wedding, you will receive your marriage certificate in the mail. That said, even if the officiant fails to file the marriage certificate, the two are usually still considered married.
Learn About Marriage Laws with a Free Case Review

Marriage is one of the most important unions two people can enter into. 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. In order to make sure you understand all that marriage means from a legal and financial standpoint, you should speak with a lawyer in your state. A family law attorney can provide you with a free case review to help you get started.

Marriage License Information by State

Below you will find state-by-state links to marriage license requirements and related information. Where no state-level marriage license information is available online, you will likely need to obtain information at the county level, so the listed link will take you to county clerk/recorder office contact information in your state. See Marriage Requirements Basics for general information about minimum ages, consent, and capacity.
Alabama

• How to Get a Marriage License (Mobile County Probate Court)
• Marriage License Application [PDF] (Mobile County Probate Court)
• Marriage License Search (Mobile County Probate Court)

Alaska

• Marriage Licenses and Applications (State of Alaska)

Arizona

• Marriage Licenses (State of AZ)
• Covenant Marriage in Arizona (Arizona Supreme Court)

Arkansas

• Marriage License Information (Craighead County)

California

• Marriage License, Registration, and Ceremony Information (State of CA)

Colorado

• Marriage Requirements and Applications (City and County of Denver)
• How Do I......get married in Colorado? (State of Colorado)

Connecticut

• Marriage in Connecticut[PDF] (Judicial Branch, State of CT)

Delaware

• Where Can I Get a Marriage License? (Delaware Judiciary)
• Marriage License (Kent County Clerk of Peace)

District of Columbia

• Marriage Matters(Superior Court of D.C.)
• Marriage License Application [PDF] (Superior Court of D.C.)
• Civil Wedding Request Information [PDF] (Superior Court of D.C.)

Florida

• Marriage License Requirements (State of Florida)
• Clerks of Court Listing (State of Florida)

Georgia

• Getting a Marriage License FAQ (State of Georgia)

Hawaii

• Marriage License Application [PDF format] (State of HI)

Idaho

• Synopsis Of Marriage Regulations In Idaho [PDF] (Kootenai County Recorder)
• Idaho Counties (State of Idaho)

Illinois

• Illinois Marriage Frequently Asked Questions
• Court Clerks (by County)
• Advice to Newly Marrieds [PDF] (Illinois State Bar Association)

Indiana

• Apply for a Marriage License (State of Indiana)

Iowa

• Legislative Guide to Marriage Law [PDF] (State of Iowa)

Kansas

• Marriage and Divorce (Kansas Bar Association)
• Instructions for Obtaining a Marriage License (Leavenworth County)
• Marriage License Information (2nd Judicial District of Kansas)
• Application and Affidavit to Obtain Marriage License [PDF]
• Instructions for Obtaining a Marriage License [PDF] (Douglas County)

Kentucky

• Getting married in Kentucky - what do you need to know? (Department for Public Health)
• Petition and Order for Permission to Marry [PDF] (Kentucky Court of Justice)

Louisiana

• Marriage License Info (Bienville Parish Clerk's Office)
• LA Laws on Community Property & Covenant Marriage (Office of the Louisiana Attorney General)

Maine

• Getting Married in Maine (State of Maine)

Maryland

• Maryland County Websites
• Marriage License Info (Cecil County Circuit Court)
• Marriage License Information (Charles County Circuit Court)
• Marriage License Info (Queen Anne's County)

Massachusetts

• Marriage Forms (Massachusetts Trial Court Law Libraries)

Michigan

• Marriage and Divorce in Michigan (State of Michigan)

Minnesota

• Marriage License information (Hennepin County)
• Marriage License Application Form (PDF 34k)

Mississippi

• Marriage Licenses and Blood Tests (Mississippi State Department of Health)

Missouri

• Marriage [PDF] (Missouri Bar)
• Creating a Strong and Satisfying Marriage (University of Missouri Extension)

Montana

• Marriage License Requirements (Thirteenth Judicial District Court, Yellowstone County)

Nebraska

• Marriage License Information (Box Butte County)
• Marriage Ceremony Compilation (Nebraska Judicial Branch)

Nevada

• Marriage License Information (Clark County Family Law Self-Help Center)

New Hampshire

• How to Apply for Marriage License (Terry M. Clark, Justice of the Peace)

New Jersey

• Entering into a Marriage or Civil Union in New Jersey [PDF] (New Jersey Department of Health and Senior Services)

New Mexico

• Marriage Licenses (Bernalillo County Probate Court)

New York

• Getting Married in New York State (New York State Dept. of Health)
• Marriage Certificates (New York State Dept. of Health)

North Carolina

• Marriage in North Carolina [PDF] (North Carolina Bar Association)

North Dakota

• How Do I Obtain A Marriage License? (Cass County)
• List of Counties to Obtain a Marriage License

Ohio

• Ohio Probate Courts
• Marriage Licenses (Belmont County Probate Court)
• Marriage Licenses (Columbiana County Clerk of Courts)

Oklahoma

• Application for Marriage License [PDF] (Oklahoma State Auditor and Inspector)
• Oklahoma Marriage Initiative (OMI)

Oregon

• Marriage in Oregon (Oregon State Bar)

Pennsylvania

• Marriage Licenses (Montgomery County)
• Marriage Application (Bucks County)

Rhode Island

• How to Get a Marriage or Civil Union License (Rhode Island Department of Health)
• City Clerk - Frequently Asked Questions (City of Woonsocket)

South Carolina

• How to Apply for a Marriage License (SCIway)
• South Carolina Probate Courts (South Carolina Judicial Department)

South Dakota

• Marriage & Wedding Information (Second Judicial Circuit)
• Worksheet for marriage license application [PDF] (South Dakota Dept. of Health)
• Marriage pamphlet [PDF] (State Bar of South Dakota)

Tennessee

• Online Application for Marriage License (Tennessee County Clerk)
• Marriage License (Davidson County Clerk)

Texas

• How Do I Get a Marriage License? (Tarrant County)
• When You Get Married [PDF] (Office of the Attorney General)
• Marriage in Texas (Legal Aid of Northwest Texas)
• Common Law Marriage (Travis County Young Lawyer Associations)

Utah

• Marriage in Utah (Utah Courts)

Vermont

• Getting Married in Vermont (Vermont Department of Health)
• Civil Marriage (Office of the Secretary of State)

Virginia

• Marriage in Virginia (Virginia State Bar)
• Bride Application Form [PDF]
• Groom Application Form [PDF]

Washington

• Marriage License (Clark County)
• Marriage Licensing (King County)

West Virginia

• Marriage Licenses (Wood County)

Wisconsin

• Answering Your Questions about Marriage (State Bar of Wisconsin)
• Marriage Licenses

Wyoming

• Marriage License Procedure (Fremont County Government)
• Marriage License Application information (Uinta County)

Get a Free Case Review Before or After Tying the Knot

There are many legal considerations that can arise when you decide to get married. Property, tax, and other rights can be impacted by your decision. If you are concerned about how marriage may affect your rights, speaking with a qualified attorney can help identify potential issues before they impact your marriage. Start today with a free case review.

Marriage License Requirements

While it may not be the romantic or glamorous part of planning a wedding, getting a marriage license is required in all 50 states. Each state has its own requirements that must be fulfilled before getting a marriage license; here is a summary of the most common requirements. As always, double check your particular state's laws, as the requirements may change.
A Blood Test
Only one state requires couples intending to get married to get a blood test as one of their marriage license requirements: Montana (PDF). Why? The rationale is that premarital blood tests help check a partner for diseases. This is an almost obsolete requirement, but it still exists in the state of Montana. Female applicants under the age of 50 must submit to a blood test for rubella (measles).
A Waiting Period after Applying to Get Married
Some states require a waiting period after applying for a marriage license but before receiving the license to ensure that couples have time to really think things out and be certain that they're making "the right decision." No spur of the moment, Elvis weddings for couples in these states.
Here is a list of common waiting periods, and the states that have them.
1 day: South Carolina
3 days: Alaska, District of Columbia, Florida (unless couple attends a marriage preparation class), Kansas, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Washington
5 days: Minnesota
6 days: Wisconsin
A Waiting Period After Receiving a Marriage License
In addition to the above waiting period, some states include as one of their marriage license requirements a waiting period between the time you receive your marriage license and the time you can actually, legally, get married. Most states allow you to get married immediately, but here are the ones that don't and how long you have to wait.
1 day: Delaware, Illinois, New York
2 days: Maryland
3 days: Iowa, Louisiana, Texas
How Long Until Your Marriage License Expires
Once you've received your marriage license, it is only valid for a certain amount of time. Here's how long you have before your license expires and you have to reapply for another.
10 days: Oklahoma
30 days: Alabama, Delaware, Hawaii, Kentucky, Louisiana, Missouri, Tennessee, Utah, Wisconsin
35 Days: Colorado
60 days: Arkansas, Florida, Illinois, Indiana, Massachusetts, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Vermont, Virginia, Washington, West Virginia
90 days: Alaska, California, Maine, New Hampshire, Rhode Island, Texas
6 months: Iowa, Kansas, Maryland, Minnesota, Montana, Montana, New Jersey
1 year: Arizona, Nebraska, Nevada, Wyoming
Other: Connecticut (65 days), Michigan (33 days), South Dakota (20 days)
No expiration: District of Columbia, Georgia, Idaho, Mississippi, New Mexico, South Carolina
Get a Free Legal Review of Your Marriage License -- Before the Wedding
No matter how excited you are to plan the big day and invite all your friends, it won't matter if you and/or your partner don't meet your state's marriage license requirements. And even if you've already received a valid marriage license, for example, it could expire before your planned wedding date. Get peace of mind by having an experienced family law attorney review your legal situation for free, with absolutely no obligation.

Marriage FAQs

When deciding to get married, there are endless questions and not just those relating to the wedding ceremony. While the right flower arrangements are essential, before you get married you'll also want to learn more about what impact the legal status of marriage will have on you and your future spouse. You're taking the right steps by asking these questions now so that you face fewer surprises once you say "I do." A list of the more common questions about marriage are below as well as information about additional resources.
Q: What is the legal definition of marriage?
A: Marriage is usually defined as a contract entered into by two people demonstrating their intent to be spouses in the eyes of the law.
Q: My fiancée and I will be getting married in a few months. What will we need to do in order to be considered legally married?
A: Marriage requirements vary from state to state, but usually include a license, a waiting period, blood tests, minimum ages, a ceremony officiated by a clergyperson or an officer of the court, and witnesses.
Learn more about Marriage Requirements.
Q: Who can perform the marriage ceremony?
A: In most states, a marriage ceremony can be performed by:

• A judge, magistrate, justice of the peace, or county clerk;
• A mayor (or deputy mayor); or
• A religious clergy (minister, rabbi, etc.).

Q: I'm getting married soon, and I want to make sure that my savings account remains my own separate property. How can I do that?
A: You should continue to keep all separate property separate throughout the marriage if you are concerned about keeping it as your personal asset upon your death or divorce. Generally, this means you should not "commingle" property you owned prior to marriage with property you and your spouse acquire during the marriage, or it may become difficult -- if not impossible -- to legally determine which is which.
Learn more about Marriage, Money, and Property

Q: My future husband and I want to create a prenuptial agreement. How should we go about doing so?
A: Before entering into a prenuptial agreement, both parties must fully disclose their assets, income, and liabilities to the other, and they must enter into the agreement in "good faith," meaning that neither person intends to misrepresent the facts or take advantage of the other. In order to ensure that the premarital agreement will be enforced, it is advisable for both future spouses to be represented by separate attorneys, who can advise them on their rights and responsibilities. In fact, some states' laws require that each party be represented by a separate attorney in order for a premarital agreement to be valid.
Learn more about Prenuptial Agreements.

Q: What is "common law marriage"?
A: Common law marriage is marriage in the eyes of the law, when no official marriage has taken place. In a common law marriage, a couple is considered legally married, despite not having a marriage license, a ceremony, or a marriage certificate, if they meet specific requirements listed in the laws where they live. Usually, the couple must live together and conduct themselves as husband and wife before they will be considered in a common law marriage.
Learn more about Common Law Marriage.

Q: My wife and I have been married for almost 20 years, but I've owned my business for more than 25 years. I know that the income from the business is "community" property, but is the business itself considered my separate property?
A: Not necessarily. Don't assume that a business you owned prior to marriage remains separate property after marriage. If your business increased in value during the marriage due in part to your spouse's contributions, your spouse may be entitled to a share of the increase in value upon divorce or your death. Such contributions can be obvious -- your spouse provided bookkeeping services to the business -- but they can also be more subtle -- i.e. your spouse took care of the home and children so you could focus on running the business.
Q: Should my wife and I file a joint tax return?

A: Ordinarily, filing a joint return will give you a greater tax advantage. But in some cases, your combined income tax on separate returns may be less than it would be on a joint return. Determine your tax both on a joint return and on separate returns under the community property laws of your state. You can then compare the tax figured under both methods and use the one that results in less tax. Keep in mind that if you file separate returns you and your spouse must each report half of your combined community income and deductions in addition to your separate income and deductions.

Learn more about Marriage and Taxes

Get More Answers With A Free Initial Legal Review
As you can see there are important frequently asked questions about marriage, but there are also questions that people may not think about until after the fact. That's where experienced family law attorneys can help as chances are they've seen most issues that can arise after the wedding bells toll. Reach out to an attorney in your area today and you can receive an initial evaluation of your situation at absolutely no charge to you.
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