Getting married on paper means completing the legal steps that make your marriage recognized by the government, with or without a ceremony. Four things have to happen: you meet your state’s eligibility rules, you apply for a marriage license at a county clerk’s office, an authorized person (or in a few states, the two of you) solemnizes the marriage and signs the license, and that signed license gets filed so the clerk can issue a marriage certificate. Most couples finish the whole process in a few days to a few weeks.
Who Can Legally Marry
Every state sets a minimum marriage age. In nearly every state you can marry without anyone’s permission at 18. Nebraska sets its age of majority at 19, and Mississippi at 21. More than half of states allow 16- and 17-year-olds to marry with parental consent, and some allow younger marriage with a judge’s approval or under specific circumstances like pregnancy or emancipation. A growing number of states have eliminated exceptions below 18, so check your state’s current rules.
Beyond age, both people must have the mental capacity to understand marriage and must consent voluntarily. You cannot already be married to someone else. If a prior marriage ended in divorce or your former spouse died, you’ll need documentation proving it’s over. Every state prohibits marriage between close relatives, though the exact list varies. Direct ancestors and descendants, siblings, and in most states aunts or uncles with nieces or nephews are always prohibited. First-cousin marriage is allowed in some states, banned in others.
Documents to Bring
Gather these before visiting the clerk’s office. A missing document means a wasted trip.
- A current, unexpired government photo ID such as a driver’s license or passport.
- Proof of age, usually a birth certificate. Some offices accept it as proof of both age and identity.
- Your Social Security number, required for U.S. citizens in most jurisdictions.
- Proof any prior marriage ended: a certified divorce decree, annulment order, or death certificate for the former spouse.
If either person is not a U.S. citizen, requirements shift. There is generally no citizenship or residency requirement to obtain a license, but a valid passport is typically the accepted ID. Documents in a language other than English usually need a certified translation, and some jurisdictions require the translation to be notarized. Call the clerk’s office in advance if foreign documents are involved.
Applying for a Marriage License
You apply at a county clerk’s office or vital records office, usually in the county where the ceremony will take place, though some states let you apply in any county. Both people must appear in person. The application asks for each person’s full legal name, date and place of birth, current address, and parents’ names and birthplaces.
Fees run from about $20 to over $100. Some states offer discounts of $30 to $60 for couples who complete a premarital counseling course. A few charge more for out-of-state applicants. No state still requires a blood test.
Waiting Periods
Most states issue a license you can use immediately. A minority impose a waiting period of one to six days between issuance and the ceremony. Florida and Texas require three days, Minnesota five, and Wisconsin six. Several allow the wait to be waived by a judge, through a premarital course, or for military personnel. Verify your state’s rules before your application appointment if the timeline is tight.
License Expiration
Every license has a use-it-or-lose-it window, typically 30 to 90 days. Arizona, Nebraska, Nevada, and Wyoming give you a full year. Iowa, Kansas, Maryland, Minnesota, and Montana allow six months. Hawaii, Kentucky, Louisiana, and Tennessee give you just 30 days. If your license expires before the ceremony, you reapply and pay the fee again.
The Ceremony
A legal marriage requires solemnization. In practice that means two things: both people declare their intent to be married, and an authorized person completes and signs the license. The declaration doesn’t have to follow a script. “I do” works. Any clear statement that you intend to marry this person works.
Who counts as an authorized officiant depends on where you marry. In most places the list includes judges, magistrates, justices of the peace, and ordained clergy. Some states also authorize notaries public, court clerks, or people ordained through online ministries, though online ordination faces legal challenges in a handful of jurisdictions. If a friend is getting ordained online for your wedding, confirm your state recognizes that ordination before the date. Most states also require one or two witnesses to sign.
Marrying Without an Officiant
A small number of states allow self-solemnization. Colorado is the most permissive and requires neither an officiant nor witnesses. Washington, D.C. offers a self-officiating license. Pennsylvania has a “self-uniting” license rooted in Quaker tradition but available to anyone, though witnesses are still required. California allows it through a confidential marriage license. Wisconsin, Illinois, Kansas, and Maine permit it under religious exemptions or in limited circumstances. In most of these states, you sign the license as both the couple and the officiant, then file it normally.
Filing the Signed License
After the ceremony, the signed license has to get back to the clerk’s office that issued it. In most jurisdictions that’s the officiant’s responsibility, not yours, but the consequences of it not happening fall on you. The filing deadline is usually 10 to 30 days. Until the signed license is recorded, your marriage is not in the public record and you cannot get a certificate. If you self-solemnized, filing is your job.
Follow up with the clerk’s office a few weeks after the ceremony if you haven’t heard anything. Officiants occasionally forget to file. A marriage that was properly performed but never recorded can create real problems when you later need to prove your legal status.
Getting Your Marriage Certificate
Once the clerk records the signed license, it becomes a marriage certificate, the official government record of your marriage. Order at least two or three certified copies. You’ll need them for name changes, health insurance updates, adding a spouse to a bank account, mortgages, immigration petitions, and any other situation where you have to prove you are legally married.
Request certified copies from the same clerk’s office or vital records office where the license was filed. You’ll provide both spouses’ names and the date and location of the marriage. Fees typically run $10 to $35 per copy, and you can usually order them in person, by mail, or online.1USAGov. How to Get a Copy of a Marriage Certificate or a Marriage License Keep at least one certified copy somewhere safe. Ordering replacements later takes time you may not have when a deadline is pressing.
What Changes Once You’re Legally Married
Your Name (Only If You Change It)
Marriage doesn’t automatically change your name. If you want to take your spouse’s surname, hyphenate, or adopt a shared name, the marriage certificate is the document that starts the chain.
Update Social Security first, because most other agencies verify names against Social Security records. Bring proof of identity, proof of the name change (your certified marriage certificate), and Form SS-5. Some states let you request a corrected card through your online my Social Security account. Only originals or certified copies are accepted, and there is no fee.2Social Security Administration. Application for Social Security Card
Once Social Security has your new name, visit your state’s motor vehicle agency with your current license, the certified marriage certificate, and whatever your state requires for a REAL ID-compliant update. Allow a few business days between steps so the SSA update processes first. After that, work through employer records, banks, credit cards, insurance, the post office, your passport, voter registration, and any professional licenses. Most of those can be done by phone or online with a copy of the certificate.
Taxes
Your federal filing status changes as of the last day of the tax year. If you’re legally married on December 31, the IRS treats you as married for the whole year, even if the wedding was on December 30.3Internal Revenue Service. Filing Status You then choose between married filing jointly and married filing separately.
Most couples pay less filing jointly. The joint standard deduction for 2026 is $32,200, compared with $16,100 for married filing separately.4Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Filing jointly also unlocks credits and deductions that are reduced or unavailable to those filing separately. Filing separately can still make sense when one spouse has income-driven student loan payments, substantial medical expenses, or when combining incomes creates a bracket problem. Run the numbers both ways your first year.
Health Insurance
Marriage triggers a 60-day special enrollment period. You can join your spouse’s employer plan or sign up for new coverage through the Health Insurance Marketplace outside the annual open enrollment window.5HealthCare.gov. Getting Health Coverage Outside Open Enrollment The 60 days start the day of the marriage, not the day the certificate arrives, so don’t wait for paperwork before researching options. Pick a plan by month’s end and coverage can start the first of the next month.
Social Security Spousal Benefits
Once married, you may eventually qualify for Social Security benefits based on your spouse’s earnings record. A spouse can receive up to half of the worker’s primary insurance amount at full retirement age. If your own retirement benefit exceeds that spousal amount, Social Security pays the higher of the two. To claim spousal benefits you must be at least 62 or caring for a qualifying child under 16, and claiming early reduces the benefit.6Social Security Administration. Benefits for Spouses These rules matter most for couples with unequal lifetime earnings.
Inheritance and Medical Decisions
In every state, a surviving spouse has inheritance rights that cannot be fully overridden even by a will. The specifics vary, but a legal spouse is generally entitled to a share of the estate. Marriage also puts you first in line as the default medical decision-maker if your spouse becomes incapacitated and no other legal document controls. Relying on that default is still risky. A healthcare power of attorney removes ambiguity and prevents challenges from other family members.
Two Things to Know Before You Assume They Apply
Prenuptial Agreements
A prenuptial agreement is a contract signed before the wedding that spells out how assets, debts, and financial responsibilities will be handled during the marriage and if it ends. Prenups aren’t only for wealthy couples. They come up when one person has significant debt, owns a business, has children from a prior relationship, or when a couple wants to define financial expectations before combining their lives.
To hold up, a prenup generally must be in writing, signed voluntarily with enough time before the wedding to avoid any appearance of pressure, and supported by honest financial disclosure from both sides. A prenup signed the night before the wedding, or one where a spouse hid assets, is the kind courts throw out. Both parties should have the chance to consult their own attorney; skipping independent counsel gives a disgruntled spouse an argument later. If you’re considering a prenup, start the conversation months before the wedding.
Common-Law Marriage Is Not the Same as “Paper” Marriage
A small number of states still recognize common-law marriage, where a couple can be legally married without ever getting a license or holding a ceremony. Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah have statutes allowing it; Rhode Island and Oklahoma recognize it through case law; New Hampshire recognizes it only for inheritance after one partner dies. In these states the couple must generally hold themselves out publicly as married, intend to be married, and cohabit, though the precise requirements vary.
If you qualify, you have the same legal rights and obligations as any married couple, including needing a formal divorce to end the relationship. Common-law marriage is much harder to prove when you actually need proof, such as at a hospital or on an insurance claim. Getting the license and certificate on file is the reliable path.