To get a marriage license for an out-of-state wedding, apply in the state where the ceremony will take place, usually at the county clerk’s office in the specific county where you will marry. No state bars non-residents from getting a license. Once you are legally married there, federal law requires your home state to recognize the marriage.
Where You Apply
The license comes from the wedding state, not your home state. If you live in Ohio and are marrying in California, you apply in California. Most states go further and require you to apply in the county where the ceremony itself will happen, which matters when you are choosing between, say, a city hall in one county and a venue an hour away in another.
In most states both applicants have to appear together, in person, at the county clerk or vital records office. You complete and sign the application in front of the clerk, sometimes under oath. This is the biggest logistical wrinkle for a destination wedding: it usually means arriving at least a day before you planned to.
Some counties now let you fill out a pre-application online, which shortens the in-person visit to a document check and a signature. A smaller number of jurisdictions handle the whole process by video, but that remains the exception.
What to Bring
Both applicants need valid government-issued photo ID showing current legal name and date of birth. A driver’s license, passport, state ID card, or military ID works in every state. Some offices also ask for a birth certificate, particularly if either applicant is under 18.
Expect to give your Social Security number on the application. If either of you has been married before, you will need the exact date that marriage ended and how it ended. Bring a certified copy of the divorce decree or death certificate, because some offices ask to see it.
No state requires a blood test or medical exam. Montana was the last to require one and dropped it in 2019.
Fees
License fees range from about $20 to $120 depending on the state and county. Most offices take cash, and many accept credit or debit cards, sometimes with a convenience fee. If you are not sure what your county accepts, bring cash.
Waiting Periods
A waiting period is the gap between when the license is issued and when you can legally use it. Most states have none, so you can apply and marry the same day. About a dozen impose one:
- One day (24 hours): Delaware, Illinois, Louisiana, New York
- Two days: Maryland
- Three days: Alaska, Iowa, Kansas, Massachusetts, Michigan, New Jersey, Oregon
Florida is the useful special case for destination couples: the three-day wait applies only to Florida residents, and out-of-state applicants have it waived automatically. In New York, a judge can waive the 24-hour period on request.1Department of Health. Information on Getting Married in New York State Several states also allow waivers for military service, hardship, or completion of a state-approved premarital education course. If the state you are marrying in has a waiting period, that discount course can be worth more for the waiver than for the fee reduction.
Check this before booking travel. A three-day wait can force you to arrive earlier than you planned.
How Long the License Is Valid
Every marriage license expires. If you do not hold the ceremony inside that window, you have to reapply and pay again. The window varies more than most couples expect:
- 30 days: Delaware, Hawaii, Kentucky, Louisiana, Missouri, New Jersey, Oklahoma, Tennessee
- 60 days: Arkansas, Connecticut, Florida, Illinois, Indiana, Massachusetts, New York, North Carolina, Ohio, Oregon, Pennsylvania, Vermont, Virginia, Washington, West Virginia, Wisconsin
- 90 days: California, Maine, New Hampshire, South Dakota, Texas
- Six months or longer: Iowa, Kansas, Maryland, Minnesota, Montana, Nebraska, Nevada, Wyoming
- No expiration: Georgia, Idaho, Mississippi, New Mexico, Washington D.C.
The 30-day states are the ones to watch when you are traveling in. If plans slip, that window closes fast.
Officiant Rules to Confirm Before You Travel
Your officiant must be authorized in the state where the ceremony happens, not your home state. Every state allows religious leaders and judges to officiate. Most also recognize online-ordained ministers, but roughly 15 states require an ordained officiant to register with the county clerk, secretary of state, or another office before performing a ceremony. That registration can take anywhere from same-day to six weeks, so a friend who gets ordained online the night before the wedding may not have legal authority when they need it. In some states, an unauthorized officiant can render the marriage void.
A handful of states allow self-solemnizing marriages with no officiant at all. Colorado is the most permissive; Pennsylvania, Wisconsin, and Washington D.C. also offer versions of it.
Witnesses
Witness rules vary widely. Several states, including Florida, Texas, Tennessee, and Maryland, require none. Others require one (California, Nevada, New York, New Jersey), and a large group requires two, including Alaska, Delaware, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Nebraska, North Carolina, Oregon, Utah, Washington, Wisconsin, and Wyoming. Witnesses generally must be adults; most states set the minimum at 18, Minnesota at 16.
If you are planning a small elopement, check this before you go. Needing two witnesses when you brought no one means recruiting strangers at the courthouse.
After the Ceremony: Filing the License
The signed license must be returned to the issuing office, usually the county clerk, within a deadline set by the state. Some states allow as few as three days, others up to 30. The officiant typically handles it, but the legal responsibility for filing falls on different people in different states. Do not assume an officiant who traveled in from elsewhere knows the local rules. Ask who is responsible, confirm the deadline, and follow up.
Once the clerk records the returned license, a marriage certificate is generated. That certificate is what you will use going forward for name changes, benefits, taxes, and everything else. Certified copies cost separately, typically $10 to $35 each, and ordering by mail from out of state adds a few weeks. Request at least two or three copies at once; different agencies will each want their own.
Your Home State Will Recognize the Marriage
A marriage legally performed in any U.S. state is valid in every state. The Respect for Marriage Act, signed in 2022, requires every state to give full faith and credit to an out-of-state marriage. Under 28 U.S.C. ยง 1738C, no state actor may deny recognition of an out-of-state marriage, or refuse a right or claim arising from it, based on the sex, race, ethnicity, or national origin of the spouses. If a state violates that rule, the Attorney General can sue, and so can the harmed couple.2Congress.gov. H.R.8404 – Respect for Marriage Act
You do not need to re-register or re-file anything at home. Once the wedding state records the license, you are married everywhere in the country.
Proxy Marriage: A Narrow Option for Military Couples
If one spouse cannot appear because of active-duty military service, a few states allow a proxy marriage, where someone stands in for the absent partner during the ceremony. Colorado, Montana, Texas, and Kansas each permit some form of it, with different eligibility rules and documentation. Montana is the only state that allows double-proxy marriages, where neither spouse is present, provided at least one party is an active-duty service member or a Montana resident. Rules in this area change more often than most marriage laws, so confirm current requirements with the county clerk in the state you are considering.