To complete a marriage license application, both partners appear together at the county clerk’s office, present government-issued photo ID and any required supporting documents, swear under oath that the information is accurate, pay the filing fee, and receive the license — usually the same day. That license then authorizes an officiant to perform the ceremony within a set validity window, after which the signed document must be returned to the clerk to become the permanent legal record of the marriage.
Most of the work is in what you bring and how carefully the information matches across documents. The application itself is short. Rejections almost always come from missing paperwork or mismatched names, not from anything on the form.
What to Bring to the Clerk’s Office
Both applicants need to gather the same set of documents. Anything you can’t produce at the counter is a reason to be turned away.
- Government-issued photo ID. A driver’s license, state ID card, passport, or military ID. The name on the ID needs to match the name you’ll enter on the application. If it doesn’t — say, a prior name change you never updated — bring the court order or previous marriage certificate that connects the two names.
- Proof of age. Your photo ID usually covers this, though some offices also accept a certified birth certificate. You generally need to be at least 18 to apply without a court order.
- Social Security number. Federal law requires states to record each applicant’s Social Security number on the marriage license application as part of the national child-support enforcement framework. If you don’t have one, most clerks will let you sign an affidavit to that effect and proceed without it. Some offices accept an Individual Taxpayer Identification Number as an alternative.1Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement
- Information about your parents. Expect to provide each parent’s full legal name, including the mother’s maiden name. Some applications also ask for parents’ birthplaces.
- Prior marriage documentation. If either applicant was previously married, you’ll need the date that marriage ended and how it ended: divorce, annulment, or death of a spouse. Many offices require a certified copy of the final divorce decree or death certificate if the termination was recent, though how “recent” is defined varies widely — anywhere from 90 days to two years. Bring the paperwork regardless. Being turned away for a missing document is one of the most common reasons couples leave empty-handed.
All documents must be originals or certified copies. Photocopies and unofficial printouts won’t be accepted. Any document in a language other than English needs a certified translation that includes the translator’s signed statement of accuracy and qualifications.
Filling Out and Filing the Application
Both applicants must appear together before the county clerk. Depending on where you live, this office may be called the register of deeds or the probate court. No one can apply on behalf of someone else. Many offices let you pre-fill the application online so the visit is shorter, but the in-person appearance is still required almost everywhere.
During the appointment, the clerk checks your IDs against what you entered on the application and looks for discrepancies: misspelled names, dates that don’t match, missing prior-marriage information. Once everything checks out, each applicant takes an oath or affirmation swearing the information is truthful. Lying on the application is treated as perjury, and penalties vary by jurisdiction but can include misdemeanor charges and fines.
A few practical points that save trips:
- Book ahead. Many offices require appointments scheduled days or weeks in advance, especially during peak wedding season from May through October. Walk-in availability varies.
- Bring payment. Fees are due at the time of application. Cash is universally accepted; most offices also take credit or debit cards, and some accept checks or money orders. Card payments sometimes carry a small surcharge.
- Use your exact legal name. If your driver’s license says “Katherine” but you go by “Kate,” enter Katherine. Mismatches between the license and other legal documents cause problems during name changes later.
Fees, Waiting Periods, and How Long the License Is Valid
Marriage license fees range from about $20 to $115 depending on where you apply. A few jurisdictions offer discounts — sometimes $30 or more off — for couples who complete a premarital counseling or education course. Check your county clerk’s website for the exact fee before you go.
About half of U.S. states impose a mandatory waiting period between when the license is issued and when the ceremony can legally take place. The shortest waiting periods are 24 hours; the longest are 72 hours. Some states with waiting periods allow a judge to waive the requirement for good cause, such as an imminent military deployment or a terminally ill partner. If you’re planning a wedding in an unfamiliar state, confirm the waiting period before booking the ceremony date.
Every license has an expiration date. The validity window varies: some states give you 30 days, others up to a full year. The most common window is 60 days. If the license expires before you use it, it’s void. You’ll need to reapply and pay the fee again. There is no extension process.
Who Can Perform the Ceremony
The license authorizes a ceremony but doesn’t perform one. You need someone legally recognized to solemnize the marriage. The categories are broader than most people expect:
- Religious leaders. Ordained or licensed ministers, priests, rabbis, imams, and leaders of any religious organization are authorized in every state.
- Judges and magistrates. Active, retired, and in some states former judges can officiate. Justices of the peace and court clerks qualify in many jurisdictions as well.
- Online-ordained ministers. Most states recognize ordinations from online ministries like the Universal Life Church or American Marriage Ministries, though a few require evidence of an active ministry beyond performing weddings. Confirm your county accepts the ordination before the ceremony, not after.
- Notaries public. A handful of states authorize notaries to perform marriages.
- The couple themselves. Colorado and Pennsylvania allow couples to marry without any officiant. Pennsylvania issues a separate “self-uniting” license; in Colorado, the couple solemnizes the marriage and signs the license.
Some counties run a “deputy commissioner for a day” program that temporarily authorizes a friend or relative to perform a specific ceremony. These programs typically require applying at least a month in advance and paying a separate fee.
Witness rules vary. About half of states require no witnesses at all. Of the states that do, most require one or two adults to sign the marriage license. A witness needs no special credentials — just presence at the ceremony and adult age, usually 18, though a few states set the bar at 16.
Signing and Returning the License
The ceremony itself makes you married, but the paperwork isn’t finished. The officiant, the couple, and any required witnesses all sign the license, and then someone — usually the officiant — must return the completed document to the county clerk or recorder’s office. Deadlines range from 3 to 10 days depending on the state. Missing the deadline doesn’t invalidate the marriage, but it can result in penalties for the officiant, and it creates real difficulty for the couple later trying to prove the marriage happened.
Once the clerk receives and records the signed license, it becomes the official marriage certificate — the document that makes the marriage a matter of public record. Recording typically takes a few business days to a few weeks, depending on the office’s backlog. Certified copies can then be ordered from the county clerk or, in some states, from the state vital records office.2USAGov. How to Get a Copy of a Marriage Certificate or a Marriage License
Situations That Change the Application
Non-Citizen Applicants
U.S. citizenship is not a requirement. Non-citizens can apply using a valid, unexpired foreign passport as identification. Documents not in English require certified translations. The Social Security number requirement still applies, but applicants who aren’t eligible for one can generally sign an affidavit in lieu, or use an ITIN.
Previously Married Applicants
If a prior marriage ended in divorce, annulment, or a spouse’s death, the application will ask for the date it ended and may require documentary proof. Bring a certified copy of the final divorce decree, annulment order, or death certificate regardless of how long ago the event occurred. Documentation rules for recent terminations are inconsistent across counties, and having the paperwork prevents a wasted trip.
Remote and Proxy Marriages
A small number of jurisdictions allow parts of the process to happen remotely. Utah permits marriages to be solemnized entirely by video conference, a policy that began during the COVID-19 pandemic and has continued. Colorado’s self-solemnizing rules also allow flexibility for couples not in the same room as an officiant. Proxy marriages, where a stand-in takes the place of an absent partner, are recognized in a few states and are most commonly used by deployed active-duty military. A proxy marriage may not be recognized for immigration purposes unless it is consummated after the ceremony.
Confidential Marriage Licenses
California offers a “confidential” marriage license that keeps the record restricted: only the couple can request a certified copy, and no witnesses are required at the ceremony. Both applicants must have been living together as spouses. This option is specific to California.
If the License Is Lost Before the Ceremony
If the physical license is lost or destroyed before the ceremony, you’ll need to purchase a new one and the original is voided. If the loss happens after the ceremony but before the officiant returns the license, most offices have a process for issuing a duplicate based on an affidavit from the officiant explaining what happened. Contact the clerk’s office immediately in either case.