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Marriage Records 101

Jul 18, 2024 | marriage

I’m sure you’re familiar with the phrase that spawned a thousand memes: “Pics or it didn’t happen!” What if we told you that this infamous phrase is all you need to know to understand the concept behind marriage records? Okay, maybe we would still need to fill in some more details. But seriously, marriage records are legal documents that prove that a legal marriage ceremony occurred. Why do we even need this type of proof, you may ask? Well, keep reading to find out!

What is a marriage record?

A marriage record is an official, government-issued document that certifies a couple has been married. These records are maintained by governmental agencies responsible for recording vital events (i.e. birth, marriage, and death) typically at the local, state, or national level depending on the jurisdiction.

Marriage records contain important information such as:

  • The full names of the spouses, 
  • The date of the marriage ceremony,
  • The location of the marriage ceremony, 
  • The name of the officiant who conducted the ceremony, 
  • Details of witnesses present, and 
  • Other specifics about the registration of the marriage. 

Why does someone need a marriage record? Marriage records are essential for various reasons, including changing your last name to your spouse’s name, accessing your spouse’s health insurance benefits, and filing joint tax returns. 

What are some different types of marriage records?

Marriage licenses and marriage certificates are probably the most well-known types of records. But wait, there’s more! There are several types of marriage records, each serving different purposes and containing varying levels of detail. Whether it’s for legal verification, historical research, or to fill in the branches on your family tree, here are some common types of marriage records:

  • Marriage License: A marriage license is a document issued by a state authority, typically the county courthouse, which permits you and your fiancé to legally marry. It is obtained before your wedding ceremony.
  • Marriage Certificate: This document is issued after your wedding ceremony. A marriage certificate provides official documentation that you are legally married.
  • Annulment: An annulment is a decision by a court or other authorized body to declare a marriage null and void as if it never legally existed (a legal mulligan, if you will). This record typically includes information such as the names of the parties involved, the date of the annulment, and the reasons for the annulment.
  • Divorce Decree: A divorce decree is an official document issued by a court that legally terminates a marriage. This document serves as legal proof that the marriage has been dissolved and outlines the rights and responsibilities of each party following the divorce.
  • Consent Affidavit: In many states, couples typically need to be at least 18 years old to obtain a marriage license without parental consent. If either or both individuals are under 18, some states require the applicant’s parents to give written consent for the marriage license to be issued. 
  • Marriage Registers: These are the official books or registers maintained by government agencies where details of marriages are recorded. Registers may include more detailed information than marriage certificates do, such as the ages of the spouses, occupations, residences, and sometimes names of each spouse’s parents.
  • Church Marriage Records: Many religious institutions maintain records of marriages conducted within their premises. These records may provide additional details such as baptismal information, religious affiliations, and sometimes genealogical information about the couple or their families.
  • Civil Marriage Records: These are records maintained by civil authorities, separate from religious institutions. They document marriages conducted by justices of the peace, judges, or other civil officials (think: courthouse weddings).
  • Marriage or Minister’s Return: These records can be accessed for verification or historical research. After performing the wedding ceremony, the minister or officiant would complete a document known as a marriage return. This document was then submitted to the local registrar as official proof that the marriage took place. In some places, this information may be recorded on the bottom or back of the marriage license itself. Alternatively, it could be documented in a Marriage Register or a separate record specifically for Minister’s Returns. 
  • Marriage Bonds: In the 19th century, a marriage bond was a financial pledge or guarantee provided to the court by the groom and a bondsman. If either party decided not to marry or if one of them was ineligible (such as already married, closely related, or underage without parental consent), the bond money would typically be forfeited. The bondsman, often a relative like a brother or uncle of the bride, but sometimes a friend or neighbor, served as a surety for the bond.

Are marriage records open to the public?

Worried about your private information being made public? Be sure to check your state’s laws and policies regarding the accessibility and confidentiality of marriage records.

In many states, marriage records are considered public documents, meaning they are available for inspection by the general public (yes, that includes that nosy neighbor, relative, or friend who just came to mind). However, the extent of public accessibility can vary depending on local laws and regulations. 

Typically, basic information such as the names of the spouses, date, and place of marriage, and sometimes the officiant’s name, is part of the public record. However, certain personal identifying information beyond basic details may be restricted to protect privacy. 

Is it possible to make your marriage records confidential?

Marriage records are usually open for anyone to see. That means details like when and where you got married, and sometimes more personal stuff, are out there for anyone to dig up. But what if you could choose to keep some of that info under wraps? 

Redacting Personal Information

Some states allow for the redaction of specific personal details, such as addresses or Social Security numbers, from marriage records before they are made available to the public.

Confidential Marriage Licenses

Whether you can apply for a confidential marriage license depends on the laws and regulations of the state or country where you intend to get married. In some states, including California, confidential marriage licenses are available, while in others, they may not be an option.

A confidential marriage license typically offers additional privacy protections by restricting public access to certain details of the marriage record. Generally, to apply for a confidential marriage license, you and your fiancé may need to meet specific eligibility requirements set by local authorities. These requirements could include:

  • Both parties must be at least 18 years old or have parental consent if younger.
  • Both parties must be legally competent to enter into marriage.
  • You may need to provide identification and other documentation as required by the issuing authority.
  • Some jurisdictions may require proof of residency or other specific requirements.

To find out if you can apply for a confidential marriage license, you should contact the marriage license office or registrar in the county or city where you plan to get married. They can give you the most accurate information regarding eligibility criteria, application procedures, and any fees associated with obtaining a confidential marriage license.

Can you locate marriage records online?

By now, you’re probably noticing a common theme here – and the answer is…it depends! Accessing marriage records online depends on the policies and practices of the jurisdiction where the records are kept. 

In many cases, marriage records are considered public documents and may be available online through government agencies responsible for maintaining vital records, such as county clerks’ offices or state departments of health. These websites often allow users to search for records by entering basic information such as the spouses’ names and the date of marriage.

Alternatively, access to these records may require a formal request or visit to the government agency that maintains these records. Double-check with the state or country where you intend to tie the knot.

Two people using a marriage record to research their family history.

How can I request a copy of my marriage record?

To request a copy of your marriage record, follow these general steps:

  • Step 1: Contact the county clerk’s office where your marriage license was issued.
  • Step 2: Provide the full names of both spouses, date of marriage, and place of marriage.
  • Step 3: Submit your request online, by mail, or in person, along with any required fees.
  • Step 4: Verify your identity with a government-issued ID if necessary.
  • Step 5: Receive a certified copy of your marriage record once processed.

Remember that specific procedures and requirements for requesting marriage records will vary. Always check with the county clerk’s office where your marriage license was issued for the most accurate information and instructions on how to request a copy of your marriage record.

The bottom line on marriage records

To wrap things up, marriage records are essential documents that confirm the legal existence of your marriage. As our digital world evolves, we’re still figuring out how to balance making these records accessible while respecting everyone’s privacy. It’s a tricky balance between sharing information and keeping personal details secure. Whether you’re digging into family roots or sorting out legal stuff, knowing the ins and outs of marriage records is key to preserving our personal histories and legal rights.

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