Obtaining a Marriage License

Basic Conditions for Obtaining a Marriage License

Each state has its own specific requirements for obtaining a marriage license, but most states will stipulate the following as grounds for issuing a license:

• Minimum Age: The minimum age to obtain a marriage license without parental consent is 18 in most areas. In certain states, a couple may be allowed to marry at 16 or younger with parental consent.
• Mental Capacity: Both parties must fully understand the legal and emotional commitment they are about to make. Judgment impaired by drugs, illness or alcohol can be grounds for the denial.
• Opposite Sex: Vermont and Hawaii are the only two states that allow same sex couples to obtain a legal marriage license.
• Blood Test or Exam: The state cannot legally prevent a person with a communicable disease like HIV to marry. However, certain states can and do require that a spouse be informed of potentially harmful and contagious medical conditions before the license is issued.

The preceding conditions must be fulfilled before a license can be obtained. In addition, if previously married, the divorced party must show legal proof that the previous marital relationship has been dissolved. Some states may also require proof of residency in the specific county where the license will be issued.

ID Requirements for a Marriage License

To obtain a license, you will need to present one or several forms of ID. Some universally accepted forms of legal identification include:

• Passport
• Driver’s License
• Birth certificate
• Green Card

In addition to identification, some states require a witness to complete the application process. You may want to bring a friend or family member with you to the courthouse to sign the necessary documents.

How much does a Marriage License Cost?

Again,fees vary from state to state. However, the general range is usually between $25.00-$50.00. For example, in Michigan, the application fee is $25.00, while in New York, the fee is $40.00-$50.00.

Can you Marry without a Marriage License?

Depending on your definition of marriage, it is possible to get married without a license. Many religious officials will not marry two parties or present a marriage certificate without the legal documentation of a license. However, if you choose to perform a ceremony outside of the law and traditional religious strictures, no one has the right to question the validity of your commitment. However, your legal status as a married couple may be called into question when it comes to joint property and custody issues. In the event of separation, having a legal marriage license may influence the outcome of divorce proceedings.