Let’s face it– most of us have envisioned our wedding day from the moment of the proposal, and in many cases way before, but most of us didn’t think about all the paper filing and legwork associated with making it official.
I mean, do romance and state administration go hand in hand?
We don’t see the princesses signing papers at the end of the Disney film, but marriage is a legal contract and binding agreement that requires forethought and document processing in order to reap the benefits associated with your union.
While you’re processing these essential documents, it may also be prudent to broach the topic of a prenup with your bride-to-be or future hubby.
The basics of getting married in the U.S.
Let’s break this down nice and simple (because it can be kinda confusing). It’s not just a matter of filing paperwork, you actually need to hold a formal ceremony. There are basically three steps to getting married:
Step 1: Get a marriage license.
This is your application TO GET married. This does not mean you are married yet. There is more to do!
Step 2: Have a marriage ceremony.
You must have a proper marriage ceremony (also called solemnization), which includes having the proper officiant (not just a random joe) marry you. This can be a courthouse ceremony, a $1 million ceremony, or anything in between. It just must be a proper ceremony according to state law. Some states allow you to self-solemnize, which means you two lovebirds can make it official yourselves.
Step 3: Sign and file the marriage license/certificate to make it official.
Generally, your wedding officiant and witnesses must sign off on the marriage license and return it to the correct county clerk within a period of time after the ceremony to make the marriage official.
There is usually a marriage certificate signatory page attached to the marriage license itself–this is what must be signed & returned to the county clerk.
What is a marriage license?
A marriage license is a document that recognizes a couple’s legal ability to get married in the county and state in which it is filed. Couples will need to acquire the marriage license BEFORE the ceremony so that it is available on the big day for all the required parties to sign.
Keep in mind all marriage licenses have expiration dates. That means once the marriage license is issued, you generally have 30-90 days to have the marriage ceremony; otherwise, your marriage license is expired, and you need to apply for a new one.
Where do I get a marriage license?
Marriage licenses generally must be applied for in the county where you’ll officially tie the knot, so the first step is to lock down that date with your chosen wedding venue.
You do not need to rush to the county clerk’s office and get the ball rolling immediately after you sign the contract with the venue, and in most cases, it is not feasible to do so. Marriage licenses expire, sometimes within 90 days of your filing, so you’ll need to find out the specifics of the county and go with an appropriate amount of time to spare.
How long does it take to get a marriage license?
Keep in mind that we’re dealing with local and state government offices here. Have you ever known the DMV to rush things through?
In some places, marriage licenses are handed to you on the day of your filing but may also require a few days of processing before they are available to be picked up or, worse yet, sent in the mail to linger for another few days.
Beware of marriage license waiting periods
Some states also require a waiting period of 24-72 hours from the date your marriage license is issued before the ceremony can take place. For example, let’s say you get your marriage license on May 1st, and there is a waiting period in your state of 3 days. That means you cannot get married on May 2nd; you must wait until May 4th for the wedding ceremony.
The best practice is to give yourself at least two weeks between filing for the license and your wedding date. You want to be hoping the weather holds out on the big day, not hoping the mailman comes in time.
What you need to get a marriage license
So you’re on the books and the big day is coming faster than you ever would have imagined. In some places, you can fill out the entire application online; in others, you may need to make an appointment to visit the county clerk’s office. Either way, you’ll usually be required to provide the following information:
Proof of identification
Your driver’s license or passport should do just fine, but some states may also require a birth certificate. Be sure to review prior to your appointment.
Social security number
Some states require social security numbers but generally do not require the card itself. Knowing the number is usually enough.
Proof of residency
Most counties require you to provide proof that at least one of the partners lives in the county. This may mean proving your address in the county with an ID or other form of proof.
Certificate of divorce or death certificate of former spouse
This will not apply to everyone, but it is often overlooked for previously married individuals. In order to legally remarry, it is imperative to include proof that you are no longer married–either proof of divorce or death.
Processing fee
Did you ever know a government office to process anything without a mandatory fee? Compared to your other wedding expenses, the fee should be nominal and usually falls between $10 and $150, payable by cash or check. Again, check the specifics for your county prior to the visit to avoid curveballs.
Getting the right signatures after the marriage ceremony
Now that your date with the county clerk has concluded, they’ll either hand you your license or mail it out so that it is ready for your wedding day. You’ll need this document handy so that all appropriate parties may sign following your nuptials.
Oftentimes, a marriage certificate is attached to the license, which you, the witnesses, and the officiant will sign.
Here’s who will need to sign the marriage license:
- The couple (you)
- The officiant
- Two witnesses
Caveat: Who should sign varies from state to state. A few states do not require an officiant and allow the couple to “self-unite” or “self-solemnize.” In addition, some states require only one witness to sign.
Filing and receiving the marriage certificate
Once all required signatures are collected on the marriage license/certificate, the officiant is responsible for turning it into the correct county office. They may do this by mail or by bringing the completed document in person.
After that, you may heave a sigh of relief that all your planning and paper processing has ended.
Your marriage certificate, which signifies that you are now legally married, will be sent by mail or available for you to pick up in person at your convenience. You may have to request it, as it may not be automatically sent to you. Congratulations!
Marriage certificate vs. Marriage license
The marriage certificate is the proof that you actually got married. It contains the signatures of the correct parties and other important information.
On the other hand, the marriage license is the document that allows you to get married. It’s like a job application. You don’t have the job yet, but you fill it out to get the process started.
Here’s an example: Katie and Kevin are getting married on May 1, 2024. They get their marriage license on April 1, 2024, to ensure they have enough time for government processing and any potential obstacles. The county clerk’s office issues the marriage license on April 3, 2024. Now, Katie and Kevin have to bring their marriage license to their marriage ceremony on May 1st to have the officiant and witnesses sign off on. After the wedding, the officiant brings the signed marriage license/certificate to the county clerk to file it. A few weeks later, Katie and Kevin request a formal marriage certificate to show proof of marriage from the county clerk. Voila!
Why marriage licenses and certificates matter
For the pure romantics, love is all that matters, and the rest is confetti, but for the pragmatists and, more importantly, the governing agencies of the United States, it’s nothing if it’s not official.
Luckily, marriage has a wealth of benefits, providing incentives for idealists and dreamers to process the procedure properly. Here are some of the benefits of making your marriage official in the US:
- Health insurance
- Social security
- Medicaid
- Disability benefits
- Worker’s comp
- Retirement
- Lower taxes
- Medical decisions
- Survivor spouse benefits
- Immigration benefits
Til death (or divorce) do us part
Once you make your vows in the marriage ceremony and sign the marriage license/certificate, you are 100% officially and legally recognized as married and may begin to enjoy all the aforementioned tangible benefits of the union in addition to the other intangible benefits you presumably have enjoyed all along.
If you don’t get to enjoy your happily ever after, though—and almost 50% of married couples don’t—you may find yourself grateful for having put together a prenup before getting hitched or potentially wish you had.
HelloPrenup makes creating a comprehensive prenuptial agreement collaborative, fast, and affordable for all couples. Be sure to check our Ultimate Prenup Guide for more information today!
Frequently Asked Questions (FAQs) about marriage licenses and certificates
We get that this is a totally confusing topic. Here are some more clarifying answers to your most frequently asked questions.
Q: What is the difference between a marriage license and a marriage certificate?
A: A marriage license allows you to get married, but it doesn’t mean you are married yet. A marriage certificate is what the officiant, witnesses, and spouses sign; it becomes the official document to prove you are officially married.
Q: How long does it take to get a marriage license?
A: It can be issued same day or take a few days to process, depending on your county. Beware: there are some states that have waiting periods which means once you get your marriage license, you can’t get married right away, you will have to comply with the waiting period.
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at Hello@Helloprenup.com.
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