What Are the Legal Requirements for Marriage: A Guide

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Movies and tv shows often depict marriages in a scene or two while skipping over all that is required for a couple to get married. 

Apart from the emotional attachment that guides us (ideally) towards deciding to marry someone, there are some legal requirements for marriage that we must meet for the government to recognize the marriage. 

Although most marriages begin as a romantic arrangement, a marriage, in all actuality, is a legally binding contract between two individuals. This means that, like all other contracts, specific requirements must be met to render a marriage valid.

In this article, we will look at the different legal requirements for marriage so that you can make sure that you can fulfill all these and know when you are legally married.

What is marriage according to the law?

According to the law, a marriage is a legally binding agreement between two people who are looking to spend their lives together. The terms of this agreement can vary depending on the laws of a particular state and the couple’s situation. 

The law dictates certain rights and obligations for married couples, which you can assert in a court of law as long as you’ve fulfilled the legal requirements for marriage.

Types of marriages in the United States

Understanding wedding requirements can seem overwhelming, but you can streamline this process by focusing on the type of marriage you and your partner will have. 

Different types of marriages can have different legal requirements, and that must be considered. For example, some marriages may have to fulfill certain religious requirements, while for others, simply signing the marriage certificate might be enough. 

To learn more about the prevalent types of marriages, click here.

What are the legal requirements for marriage?

While your state’s rules on marriage requirements, such as blood tests, waiting periods before marriage, and the like; same-sex marriages; common law marriages, etc., may vary, the following requirements must generally be met for a marriage to be valid:

1. Unmarried

Each person must be unmarried for the court to issue a legally binding marriage license. 

Related Reading: Financial Pros and Cons of Living With an Unmarried Partner

2. Age of consent

Each person must be at least 18 years old. If either party is under 18 years of age, they can only get married if they have the written consent of their parents or legal guardians and when authorized by the court.

Determining when you can get married in the US is dependent on the age of the individuals involved. This might be different for certain states, so look into this before getting married. 

3. Mental capacity

Each person must be sane and mentally capable of entering into a legally binding agreement.

4. Marriage license

The couple must obtain a marriage license from a judge or clerk of a district court authorizing them to get married. It is one of the key requirements of a valid marriage. 

Once issued, the license is usually valid for a certain number of days only. It must be returned to the county clerk within a certain number of days after the wedding ceremony to be recorded.

5. A blood test

Some states require a blood test before a couple can receive a marriage license. These blood test marriages are a scientific way to be aware of any genetic particularities they must be mindful of, especially if they plan on having children. 

6. Pay a fee

Most states require a fee, which can cost upwards of $200. This is one of the legal steps to getting married that one must fulfill to ensure that their marriage application is processed. 

But are you wondering how much does it cost to get married legally? Every state charges a different fee for issuing marriage certificates, but usually, they will cost under $100. 

7. A waiting period

Some states require a waiting period of one to six days after receiving a marriage license before a couple can marry.

8. A ceremony

In many states, a ceremony must occur for a marriage to be valid. The ceremony can be religious or civil and does not need to conform to any particular format. While in other states, you can choose not to do this or consider getting married before the wedding. 

Related Reading: 5 Ways To Plan a Civil Wedding Ceremony

9. An officiant and witness

All states require an officiant to oversee the wedding. Usually, this is a clergyman or civil officer who can administer an oath.

In addition to the officiant, most states require one or two people, who are over the age of 18, to witness the marriage and sign the marriage certificate.

A witness is often essential in determining when a marriage is legal, as it provides legal credibility to the marriage contract as it lists a person who bears witness to the marriage. 

10. Exchanging of vows

There must be an exchange of promises. However, this does not have to follow any specific format and can be whatever the couple decides on. You can go for counseling before marriage to determine what it is that you want to promise to each other. 

What are common law marriages?

These days, it is increasingly more common for couples to live in long-term, loving relationships without ever choosing to marry. Fortunately, for those who chose this lifestyle, many states offer an alternative to marriage with all the same rights and benefits.

In some states, you can enjoy all of the benefits of being married without having to go through any of the traditional formalities. Your relationship, however, must generally meet the following requirements:

• You must present yourselves publicly as a married couple.
• You must be legally eligible to be married, which means you must be old enough to marry legally and not already married
• You must mutually agree to be married
• You must live together as a married couple

If you can sufficiently document that your relationship meets all of these requirements, you may be considered legally married in the eyes of the law. This is called a common law marriage and will confer upon you all of the legal rights,privileges, and restrictions of a conventional marriage.

For more specific information regarding the legal requirements for marriage in your state, contact an experienced family law attorney who has knowledge of your state’s marriage laws.

Watch this video to learn more about the history of marriages:

Some commonly asked questions

When you are trying to figure out the legal requirements for marriage, certain questions may pop into your mind, and here we will try to address some such questions:

• What are the legal documents that are required for marriage?

Usually, the set of legal documents that you need to get married may differ slightly from state to state. However, there are some common sets of legal documents that are usually essential for getting married. These are:

1. A certified birth certificate
2. A valid government-issued photo identification card
3. Proof of residency
4. A marriage license application
5. A divorce decree or death certificate, in case of a previous marriage 

• What is it called when a couple lives together but is not married?

When a couple lives together but are not married, they are seen to be cohabitating. Under the law, there are certain protections and obligations that come with being married that a cohabiting couple can overlook. 

Final thoughts

Getting married can be a great milestone that you and your partner might be looking forward to getting past. However, you must plan it out so that you don’t end up making things more complicated for yourself. 

Learn about the different legal requirements for marriage and whether you fulfill these so that you can prepare things in advance. It will make the process smoother for you and your partner and allow you to be truly happy about this day.