Yes, a magistrate can marry you in any state that authorizes magistrates as officiants, and the resulting marriage is just as legally valid as one performed by clergy. The title varies by jurisdiction — some states use “magistrate judge,” others “justice of the peace” — but the function is the same: a government official conducts a short civil ceremony that legally binds you once the paperwork is filed. You’ll need a marriage license first, and you’ll usually need to call the courthouse to schedule.
Where a Magistrate’s Authority to Marry You Comes From
A magistrate is a judicial officer whose powers are set by the state where they serve. Their authority to solemnize a marriage comes from state statutes that list which public officials can officiate, and that list typically includes judges at various levels, justices of the peace, and magistrates by name. Some states use those titles interchangeably; others draw distinctions.
Federal magistrate judges, appointed under 28 U.S.C. § 636, can also perform marriages in states that authorize them to do so. Even then, the authority flows from state marriage law, not from the federal appointment. The federal statute defines their judicial powers but doesn’t address weddings.
One point worth knowing before you call: performing marriages is almost always permissive, not part of the job description. A magistrate can decline, limit ceremonies to certain days, cap how many they perform, or refuse to officiate altogether. You don’t have a right to a specific magistrate, but finding one willing to marry you is rarely a problem if you contact the local courthouse.
Get the Marriage License First
No officiant — magistrate, judge, or clergy — can create a legal marriage without a valid marriage license. The license is the document that authorizes the ceremony. Without it, the ceremony has no legal effect.
You’ll apply at a government office, usually the county clerk, though some states use the town clerk or a vital records office. Both parties generally have to appear in person. Bring:
- Valid government-issued photo ID (driver’s license or passport)
- Your Social Security number
- A divorce decree or death certificate, if either party was previously married
License fees run roughly $20 to $120 depending on the jurisdiction. Some counties offer a discount if you complete a premarital counseling course.
Waiting Periods
Most states have no waiting period, so you can use the license the day it’s issued. States that impose a wait usually require 24 to 72 hours between issuance and ceremony. Some of those states allow a judge to waive the wait for good cause. If you’re planning to elope or travel for the ceremony, check the rules for the state where the wedding will happen, not where you live.
Expiration Dates
Marriage licenses expire. The range runs from 30 days on the short end to a year in a few states, with 60 days being the most common. A handful of states set no expiration at all. If your license expires before the ceremony, you’ll have to apply and pay again, so don’t get it too early.
What a Magistrate Ceremony Looks Like
Civil ceremonies with a magistrate are short and simple. Most run 10 to 30 minutes and take place in a courtroom, a small ceremony room at the courthouse, or the magistrate’s office. Some courthouses have a modestly decorated area; a few allow couples to bring their own decorations.
Bring the following:
- Your marriage license
- Photo ID for both parties
- Any witnesses your state requires
- The ceremony fee, if the court charges one
Ceremony fees for a magistrate wedding are modest, generally $10 to $50. Some courts charge nothing during regular business hours but add a fee for evenings, weekends, or holidays.
The magistrate leads you through the legal essentials: a declaration that you’re entering the marriage freely, an exchange of vows, and the pronouncement of marriage. Many magistrates will let you add brief personal vows or a short reading if you arrange it in advance, but this isn’t universal. Ask when you schedule.
Most courthouses schedule civil ceremonies during business hours and expect appointments. Some perform ceremonies only on certain days of the week. Walking in unannounced works in some offices, but calling ahead is safer.
Witnesses
Whether you need witnesses depends on the state. Roughly half of states require none. Where witnesses are required, the rule is typically one or two people who are at least 18. They sign the marriage license after the ceremony along with the couple and the officiant.
If your state requires witnesses and you don’t have anyone to bring, most courthouses can provide a staff member. Clerks’ offices handle this routinely.
Eligibility to Marry
Before scheduling anything, both parties need to meet the basic legal requirements that apply to every marriage in the state. In nearly every state, the minimum age to marry without parental consent is 18. Nebraska requires 19, and Mississippi requires 21. Some states allow minors between 16 and 18 to marry with parental consent and sometimes a judge’s approval; a growing number of states have eliminated exceptions for minors entirely.
Neither party can be legally married to someone else. A prior marriage must be dissolved by divorce or annulment, or ended by death, and you’ll typically need to show documentation. Both parties must have the mental capacity to understand what marriage means and must consent voluntarily. And every state prohibits marriages between close blood relatives, with the specifics varying by state.
After the Ceremony
The signed marriage license has to get back to the issuing office to be recorded. The officiant is usually responsible for returning it, and states set a deadline ranging from a few days to a few weeks. Until the license is filed and recorded, there is no official record of your marriage. If you want peace of mind, ask the magistrate’s office about their filing process before the ceremony.
Once the license is recorded, you can request certified copies of your marriage certificate from the vital records office in the state where you married. Order several — banks, employers, insurance companies, and government agencies all tend to want their own.
If you’re changing your last name, start with the Social Security Administration. You’ll need your marriage certificate (original or certified copy; photocopies and notarized copies aren’t accepted), a photo ID, and proof of U.S. citizenship such as a birth certificate or U.S. passport. The Social Security card update is free. After that, update your driver’s license at the DMV, then your bank accounts, credit cards, employer records, passport, and voter registration. The order matters, because each step often requires the updated document from the previous one.
Common Questions
Is a Magistrate Marriage as Legally Valid as a Church Wedding?
Yes, completely. There is no legal distinction between a civil ceremony performed by a magistrate and a religious ceremony performed by clergy. Both produce the same marriage certificate and the same legal rights and obligations. The difference is the setting and the content of the ceremony.
Can a Magistrate Marry You Outside the Courthouse?
Sometimes. Some magistrates and judges will travel to a park, home, or other venue, usually for an added fee, and often only on evenings, weekends, or holidays. Others officiate only at the courthouse. Ask when you call to schedule.
What if You’re From Out of State?
Marriage laws apply based on where the ceremony happens, not where the couple lives. You can generally get a license and marry in any state regardless of your home state, and some states don’t require residency at all. You’ll need to meet that state’s rules for waiting periods, ID, and witnesses, which may differ from your home state’s.