Yes. In every state, you need a marriage license to get married in the eyes of the law, with one narrow exception: a handful of states still recognize common law marriage, which is created without a license or ceremony. Everywhere else, and for everyone else, the license from your county clerk is what turns a wedding ceremony into a legal marriage. Without it, you had a celebration, not a marriage.
What the License Actually Does
A marriage license is government permission to marry. Once you use it and it’s returned and recorded, it creates the legal record that every other spousal right depends on. Joint tax filing, Social Security spousal benefits, inheritance without a will, and the authority to make medical decisions for an incapacitated spouse all trace back to that recorded marriage.
Skip the license and those rights don’t automatically exist. Hospitals can refuse to treat you as next of kin. Insurers can deny spousal coverage. If one partner dies without an estate plan, a court may treat the survivor as a legal stranger. And if the relationship ends, there is no divorce process to divide property or award spousal support, because legally there was no marriage to dissolve.
The Common Law Marriage Exception
Common law marriage is the only real way to be legally married without a license. It is a marriage created without a ceremony, officiant, or paperwork, and only a small number of states still allow new ones: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah. New Hampshire recognizes it only in a narrow situation, treating couples who cohabited and held themselves out as married for at least three years as legally married when one partner dies.1National Conference of State Legislatures. Common Law Marriage by State South Carolina abolished the practice by court ruling in 2019.
Requirements vary by state, but the framework is consistent. The couple must intend to be married and must hold themselves out publicly as spouses. That looks like using the same last name, calling each other husband or wife, and filing joint tax returns or other shared financial documents. Living together alone is not enough. The dividing line between cohabitation and common law marriage is intent plus public reputation.
The practical problem is proof. There is no certificate to point to, so if a common law marriage is ever challenged in a dispute over inheritance, medical decisions, or a separation, the evidence has to be assembled from testimony, financial records, and other circumstantial material. If you do establish a valid common law marriage in a state that recognizes it, other states generally honor it even when they don’t create common law marriages of their own.2Legal Information Institute. Common Law Marriage Even so, couples relying on common law marriage are accepting a level of legal uncertainty that a licensed marriage eliminates.
If you don’t live in one of these states, common law marriage is not an option for you. A license is the only route.
Who Can Get a License
Eligibility rules are broadly similar from state to state. Both people must be at least 18 to marry without parental consent. A minority of states permit 16- or 17-year-olds to marry with parental permission and sometimes a judge’s approval, though the trend has been toward narrowing or ending those exceptions.
You cannot get a license if you are already legally married to someone else. A marriage entered while a prior one is undissolved is bigamous, and nearly every state treats the second marriage as void from the start. If a previous marriage ended in divorce or death, the clerk will want documentary proof before issuing a new license.
Every state also bars marriage between close blood relatives such as parents and children, siblings, and grandparents and grandchildren. Rules on cousins vary: roughly a third of states allow first-cousin marriage, some allow it only under specific conditions, and the rest prohibit it.
What to Bring When You Apply
You apply at a local government office, usually the county clerk or recorder of deeds. In most places both people have to appear together, sign the application under oath, and present their documents. Some counties let you fill out the paperwork online in advance to shorten the counter visit, and Utah allows the entire process to be completed remotely.
Expect to bring:
- A valid, unexpired government photo ID for each person, such as a driver’s license, passport, or state ID card.
- Proof of age and identity. Many offices want an original or certified copy of your birth certificate in addition to the photo ID.
- Social Security numbers, though a few jurisdictions waive this for people who were never assigned one.
- Personal details including full legal names, current addresses, dates and places of birth, and parents’ names and birthplaces.
- A certified copy of the final divorce decree or the former spouse’s death certificate if either person was previously married.
No state still requires a blood test or premarital medical exam. Application fees typically run from about $35 to $115 depending on where you apply. Some states discount the fee or shorten the waiting period for couples who complete a state-approved premarital education course, so it’s worth asking.
Waiting Periods and Expiration Dates
About a third of states impose a waiting period between when the license is issued and when you can legally hold the ceremony. These usually run one to three days, with 24 or 72 hours being the most common. Plan your application date so the license is active on your wedding day.
Licenses also expire. The validity window ranges from as short as 30 days to as long as a year, with 60 days being typical. If yours expires before the ceremony, you have to reapply and pay again. Couples with long engagements should hold off on applying until the wedding date is set.
License Versus Certificate
The license and the marriage certificate are two different documents, and this is where couples sometimes get tripped up. The license is permission to marry. The certificate is proof that you did.
Right after the ceremony, the officiant, both spouses, and any required witnesses sign the license. Witness rules vary: some states want one or two adult witnesses, others require none. The officiant then returns the signed license to the issuing clerk, generally within a few days to a few weeks. Getting it back to the clerk is the officiant’s legal obligation, not yours, but it’s worth confirming they’ve done it.
Once the clerk records the completed license, your marriage is officially registered and you can request certified copies of your marriage certificate. Order several. You’ll need them to change your name on a driver’s license, Social Security card, bank accounts, and other legal documents. Clerks usually charge a small fee per certified copy.