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Marriage Laws » United States » Wedding Laws
The requirements for marriage vary somewhat from state to state, but basically involve a marriage license and a ceremony (religious or civil).
Military weddings are not all that different than a civilian wedding. The main differences are that the groom, or the bride, and the wedding party will be in uniform.
Marriage Formalities for foreign citizens and American citizens wishing to marry abroad vary from country to country. Requirements for Canada, the Caribbean, and Europe are listed in this directory.
When two people agree to marry, they are creating a contract--an exchange of promises. The marriage license serves as proof of the existence of a marriage contract. Most states require the following in order to get a marriage license:
- Minimum age
- Capacity to consent
- Opposite sexes
- Blood test and/or exam
- Other requirements and restrictions
Ceremonies may range from a highly traditional religious ceremony to the mere signing of a marriage certificate in front of witnesses. Statutes authorize certain people to perform marriage ceremonies such as government officials and religious leaders. Perhaps the most important function of the ceremony is to impose seriousness on the creation of a marriage. By requiring a ceremony, society tries to ensure that a couple has thought long and hard before entering a marriage. That"s also why some states require a waiting period between the time a license is issued and the time of the ceremony.
In most states you must be 18 to marry without parental consent. With such consent, many states allow marriage at a younger age, typically 16. In some states, due to special circumstances such as pregnancy or the birth of a child, the courts may allow marriage at a much younger age.
Marriage requires two consenting people. If either person cannot or does not understand what it means to be married (due to mental illness, drugs, alcohol, or other factors affecting judgment), then that person does not have the capacity to consent and the marriage is not valid.
In all states except Hawaii and Vermont, couples must be of the opposite sex to form a valid marriage. Recently, the state courts in Hawaii decided a marriage license can"t be denied based on the sex of the applicants. This decision was considered a milestone victory for gays.
Even though most states do not allow same-sex marriages, many companies and other organizations are adopting policies accepting same-sex relationships. Such policies range from fair housing regulations to granting traditional marital benefits, such as insurance coverage, to same-sex partners.
Some states still require couples to have blood tests before they can receive a marriage license. Such tests may check for many types of venereal or other communicable diseases. Most states do not require testing for AIDS.
The purpose of such tests is not to keep a person with an illness from marrying, but to ensure that the spouse knows of the condition. In addition to blood tests, some states require complete physical exams. Even in states where no blood test or exam is required, failing to tell your prospective spouse that you have a venereal disease or a physical impairment (such as impotency or infertility) before you marry may make the marriage invalid. Since marriage is a contract, this makes sense--you are getting more or less than what you bargained for.
5. Other Requirements and Restrictions
Both parties must be free of previous marriage to secure a license for remarriage. The licensing clerk may require proof that the earlier marriage ended by death, divorce, or annulment.
If you"ve lived together for some time without the wedding, are you married? Common law relationships need to pass a strict legal definition before they are considered legit.
A proxy marriage is one where someone stands in for the other party. Click here for an understanding of what proxy marriage is and isn"t.
Bigamy (two spouses) and polygamy (multiple spouses) are illegal.
Marriage between family members closer than first cousins is prohibited. Some states allow first cousins to marry.
In the United States, certain states and some counties have guidelines for ministers who want to perform marriages. Here"s a summary of what is involved to perform marriages in each state.
A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group.
There is no requirement that a person, man or woman, change names upon marrying. Nor is there a requirement that a child be given the last name of its parents.
Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.
It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.
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