To get a marriage license, both applicants go together to the local county clerk’s office (or whichever office issues licenses in that state), bring government-issued photo ID and any documents showing prior marriages ended, fill out and swear to the application, and pay a fee that usually runs between $20 and $115. The clerk issues the license on the spot in most places. You then have a set window — commonly 30 to 90 days — to hold the ceremony, after which the signed license has to go back to the clerk to be recorded.
Who Can Apply
Every state sets a minimum age. In most states you can apply on your own at 18. Nebraska sets the threshold at 19 and Mississippi at 21. Roughly a third of states now ban marriage below 18 entirely; others still allow younger applicants with parental consent, a court order, or both.
Both of you must be currently unmarried. If either applicant was married before, that marriage has to have ended by divorce, annulment, or death of a spouse before a new license can be issued. Marrying while still legally married to someone else is bigamy and is a criminal offense in every state.
States also prohibit marriage between close blood relatives. The exact reach of these rules varies — some states bar first-cousin marriages, others allow them — but restrictions on immediate family are universal, and a marriage within those degrees is void from the start.
Documents to Bring
The clerk needs to confirm your identity, age, and eligibility. Plan on bringing:
- Government-issued photo ID: a driver’s license, state ID card, or passport. Some offices also accept military IDs. If your photo ID has expired, call ahead — a few offices will accept a recently expired ID with a secondary document.
- Proof of age, which your photo ID usually covers. Some offices also ask for a birth certificate if your ID doesn’t show your date of birth.
- Your Social Security number. Most states require it on the application, though you don’t always have to produce the physical card.
- Proof that any prior marriage ended: a certified copy of the divorce decree or a death certificate for the former spouse. A photocopy or unofficial printout won’t be accepted; clerks require documents with an official seal or certification stamp.
The application form will also ask for information you may not have memorized, including your parents’ full legal names and birthplaces. Call the clerk’s office ahead of time to confirm every data field on their form so you aren’t stuck texting a parent from the lobby.
Where to Apply
Marriage licenses are issued by local government offices. In most places that’s the county clerk, but some states use a register of deeds, a city clerk, or a probate court. Check your county’s website for the correct office, its hours, and whether you need an appointment.
Residency
Most states have no residency requirement. You can usually apply in whatever state or county you plan to hold the ceremony, even if neither of you lives there. A few jurisdictions require non-residents to apply in the specific county where the wedding will take place, so confirm with the issuing office if you’re planning a destination wedding.
Online and Virtual Options
Many counties let you start the application online before coming in. You fill out the form, upload documents, and sometimes receive a confirmation number, then show up to finalize, swear your oath, and pay. A handful of larger cities offer fully virtual appointments where both applicants appear together on video, with the license delivered as a digital download. Even with online tools, both applicants almost always have to be present — physically or virtually — at the same time. Proxy applications are rarely allowed.
The In-Person Visit
Whether you pre-filed online or walked in cold, the final step requires both of you at the clerk’s office together. The clerk reviews your documents, has you swear or affirm that the information on the application is true, and takes your signatures. Lying on the application is a criminal offense in most states, typically a misdemeanor. Once you’ve signed and the clerk is satisfied, you pay and receive the license.
Fees and Premarital Course Discounts
Application fees range from about $20 to over $100 depending on the county. Most offices take credit cards and cash; some also take money orders or certified checks. Personal checks are hit or miss.
Several states offer a meaningful discount on the license fee if you complete a premarital education course before applying. In some places the course cuts the fee in half or waives it entirely. Florida, Georgia, Minnesota, Oklahoma, Tennessee, and Texas are among the states with these programs. Courses typically run four to twelve hours and cover communication, conflict resolution, and financial planning. In some states that impose a waiting period, completing the course also waives the wait. If either saving matters to you, check before you apply.
Waiting Periods and Expiration
Once the clerk hands you the license, you can’t always use it the same day. Some states impose a mandatory waiting period between issuance and the ceremony, typically 24 hours to 3 business days. Many states have no waiting period, which means the ceremony can happen immediately. Where a wait exists, a judge can usually waive it for good cause, such as imminent military deployment or a medical emergency. A completed premarital course waives the wait in some states as well.
Every license also carries an expiration date. If the ceremony doesn’t happen before then, the license is void and you start over with a new application and a new fee. Expiration windows vary widely — some states give you only 30 days, others up to a year. Sixty days is the most common window, with 30 and 90 days also common. Write the date down when the clerk gives you the license.
Officiants and Witnesses
A valid license authorizes a ceremony, but someone legally recognized as an officiant has to perform it. Most states recognize ordained religious clergy, judges and magistrates, and certain public officials like mayors or county clerks. Ministers ordained online through organizations such as the Universal Life Church or American Marriage Ministries can officiate in most states, but a few jurisdictions have challenged or limited this. If your officiant was ordained online, confirm with the county clerk that the ordination will be accepted before the ceremony. Some cities and counties also require officiants to register with the local clerk’s office in advance.
About half of states require one or two witnesses present at the ceremony to sign the license. Where witnesses are required, they generally have to be adults — usually 18 or older — who personally observed the ceremony. States that require witnesses are roughly evenly split between requiring one and requiring two. If your state doesn’t mandate witnesses, you can still have them, but their signatures aren’t legally necessary. Ask your clerk which rule applies so you can assign the role before the wedding.
Signing and Recording After the Ceremony
This is the step people forget, and it matters more than almost anything else in the process. After the ceremony, the officiant and any required witnesses sign the license. That signed license then needs to go back to the clerk’s office so the marriage becomes part of the public record. If the license never makes it back, the county has no record the marriage took place, which creates serious problems for insurance benefits, property rights, and anything else that depends on marital status.
Most jurisdictions give the officiant a set number of days — often around 10 — to return the completed license, though the exact deadline varies. Some officiants file it themselves; others hand it back to the couple to mail or deliver. Confirm directly with your officiant who is responsible for filing it. Don’t leave the wedding weekend assuming someone else will handle it.
Once the clerk records the signed license, the marriage is officially on file. You can then request certified copies of your marriage certificate — the document that proves the marriage happened. You’ll need these for updating your name, adding a spouse to insurance, filing joint tax returns, and establishing inheritance rights. Order several copies at once; you’ll go through more than you expect.
License vs. Certificate
These terms get used interchangeably, but they’re different documents. The license is what the clerk issues before the ceremony, authorizing the marriage. The certificate — or in some states the recorded, signed license — is the document that proves the marriage happened. When a bank, employer, or government agency asks for proof of marriage, they want the certificate. For additional certified copies later, contact the clerk’s office in the county where the license was originally issued.
Fixing Errors
Review every line of the license before leaving the clerk’s office. If you spot an error — a misspelled name, wrong date of birth, incorrect address — tell the clerk immediately. Catching the mistake before the ceremony is far simpler than fixing it afterward. Errors discovered after the marriage is recorded may require a court order to amend, which is slower and more expensive.
When the Standard Process Doesn’t Apply
A small number of states recognize common-law marriage, where a couple can be legally married without ever obtaining a license or holding a ceremony. Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah currently allow some form of common-law marriage, and a few other states recognize common-law marriages established before a certain cutoff date. Requirements vary but generally involve both partners being of legal age, agreeing to be married, living together, and presenting themselves to others as a married couple. Most states don’t recognize common-law marriage at all, and even where it exists, proving it can be difficult.
Arizona, Arkansas, and Louisiana offer an alternative called covenant marriage. Couples who choose it agree to attend premarital counseling and accept stricter grounds for divorce — fault-based grounds like adultery, abuse, or lengthy separation instead of standard no-fault divorce. If you’re applying in one of those states, know what you’re agreeing to before you check that box on the application. Couples already married under standard rules can convert to a covenant marriage later if both spouses agree.
One last thing worth mentioning because the advice persists: premarital blood tests, once common for syphilis and rubella screening, have been eliminated in virtually every state. You don’t need one.