To legally get married in the United States, you need to meet your state’s eligibility requirements, obtain a marriage license from the county clerk where the ceremony will take place, hold a ceremony that satisfies that state’s rules, and make sure the signed license is returned to the clerk so the marriage is recorded. Every state writes its own version of these rules, so the details depend on where you marry. Federal law then guarantees that a marriage valid in the state where it was performed is recognized everywhere else in the country.
Confirm You’re Eligible to Marry
Before applying for a license, both people need to clear a short list of legal requirements. These are set by state law, but the basics look similar across the country.
You generally must be at least 18. A handful of states still allow 16- and 17-year-olds to marry with parental consent or a judge’s approval, and a growing number have eliminated underage marriage entirely. If you’re under 18, read your state’s family code closely because these rules have been tightening.
You cannot already be married to someone else. Bigamy is a criminal offense in every state. If a prior marriage ended in divorce or the death of a spouse, you’ll need to prove it during the license application with a certified divorce decree or death certificate.
Every state bars marriage between close blood relatives, including parents and children, siblings, and grandparents and grandchildren. Most states also prohibit marriage between aunts or uncles and nieces or nephews. First-cousin marriage is restricted in most states and permitted with conditions in a few.
Both people must have the mental capacity to understand what marriage means and must consent voluntarily. A marriage can later be voided if one party was incapacitated by a medical condition, intoxication, or coercion at the ceremony.
No state can deny recognition to a marriage based on the couple’s sex, race, ethnicity, or national origin. The Respect for Marriage Act, signed in December 2022, replaced the 1996 Defense of Marriage Act and requires every state to give full faith and credit to marriages performed in other states, even where the recognizing state’s own laws would not have permitted the marriage.1Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof
Apply for a Marriage License
The marriage license is the government’s permission for your ceremony to go forward. You apply at the county clerk’s office (or equivalent local office) in the jurisdiction where you plan to hold the ceremony, not necessarily where you live. In most places, both applicants must appear in person. A few states allow one party to submit an absentee affidavit when physically appearing is impossible.
What to Bring
- Government-issued photo ID: driver’s license, state ID, passport, or military ID.
- Proof of age. Your ID usually covers this, but some offices also request a birth certificate.
- Social Security number, required in many jurisdictions.
- A certified divorce decree or death certificate if either party was previously married.
The application asks for full legal names, dates and places of birth, current addresses, and parents’ names. You sign it as a sworn statement that there are no legal barriers to your marriage, so accuracy matters.
Fees, Waiting Periods, and Expiration
License fees typically fall between $20 and $115 depending on the county. Some counties discount the fee if you complete a premarital education course. About 19 states impose a mandatory waiting period between issuance and the ceremony, usually one to three days, though it can run as long as eight days in the U.S. Virgin Islands. Military members and couples who complete premarital counseling can sometimes get the waiting period waived.
Once issued, a license is valid for somewhere between 30 and 90 days depending on the state. If you don’t hold the ceremony before it expires, you must reapply and pay again. This matters most for destination weddings and long engagements.
Hold a Ceremony That Legally Counts
The ceremony is what legally creates the marriage. At minimum it requires an authorized officiant, a declaration of intent from both parties, and in most states one or two witnesses.
Who Can Officiate
State law determines who qualifies. Authorized officiants commonly include judges, magistrates, justices of the peace, mayors, county clerks, and ordained or licensed religious leaders. Some states also allow notaries public to officiate, and many jurisdictions will temporarily deputize a friend or family member for a single ceremony if you apply in advance.
Marrying Yourselves
A handful of states let couples marry without any officiant. Colorado and the District of Columbia offer the most flexible versions, requiring neither officiant nor witnesses. Pennsylvania, Wisconsin, and Illinois allow self-uniting marriages but typically still require witnesses. California permits it through a confidential marriage license, and Kansas, Maine, and Nevada allow it under religious exemptions. If you’re eloping without an officiant, verify the specific rules for the state where the ceremony will take place.
Witnesses and Vows
Most states require one or two adult witnesses, who sign the license alongside the couple and the officiant. A few states have no witness requirement. The ceremony itself must include both parties declaring their intent to marry each other, usually through vows. Beyond that core exchange, the ceremony can be religious, secular, elaborate, or minimal. There’s no legally required script.
Make Sure the License Gets Filed
Signing the license at the ceremony is not the last step. The officiant is responsible for returning the completed, signed license to the issuing clerk’s office, usually within 10 days. That filing is what puts the marriage in the public record. If your officiant fails to return it, your marriage is still legally valid from the ceremony date, but proving it later becomes much harder.
Once the clerk processes the returned license, the marriage enters the vital records system. You can then order certified copies of the marriage certificate from either the issuing county or your state’s vital records office. Certified copies typically run $10 to $30 each. Order several. You’ll need them for name changes, insurance updates, tax filings, and other legal purposes.
Fixing Errors on the Certificate
If you spot a misspelled name, wrong date, or other clerical mistake, contact the vital records office that holds the record. Most jurisdictions handle simple corrections through a notarized affidavit supported by documentation showing the correct information. Larger changes, like a legal name change unrelated to the original certificate, usually require a court order. The original record is amended rather than replaced, with the correction noted on its face.
Situations With Different Rules
Common Law Marriage
A small number of states still allow couples to become legally married without a license or ceremony. New common law marriages are currently recognized in Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah, plus the District of Columbia. New Hampshire recognizes common law marriage only for inheritance purposes. Requirements vary but generally involve the couple agreeing to be married, living together, and consistently presenting themselves to others as married. The Social Security Administration evaluates common law marriage claims under the law of the state where the couple lived and may require sworn statements plus corroborating documents like shared leases or bank accounts.2Social Security Administration. Development of Common-Law (Non-Ceremonial) Marriages
Proxy Marriages for Deployed Service Members
A proxy marriage lets someone who can’t be physically present have a stand-in at the ceremony. It exists primarily for active-duty military members stationed overseas. Only a few states authorize proxy marriages, including Montana, California, Colorado, Kansas, and Texas. Montana is the only state that allows a “double proxy” marriage where neither spouse is present. Proxy marriages are legally recognized nationwide, but they can complicate military benefits paperwork.
Marrying a Non-Citizen
Non-U.S. citizens can legally marry in the United States, and the license process is the same regardless of immigration status. What differs is what happens afterward.
If a U.S. citizen wants to bring a foreign fiancé into the country to marry, the standard path is the K-1 nonimmigrant visa. The foreign partner enters on the K-1 and must marry the U.S. citizen petitioner within 90 days of arrival.3Travel.State.Gov. Nonimmigrant Visa for a Fiance(e) (K-1) After the wedding, the foreign spouse can apply to adjust status to lawful permanent resident without leaving the country.4U.S. Citizenship and Immigration Services. Green Card for Fiance(e) of U.S. Citizen
Marrying while visiting on a tourist visa is legal, and the ceremony itself violates no immigration law. The complication is that a tourist visa is for temporary visits, so marrying shortly after entering can raise questions about whether you misrepresented your intentions at the border. If plans change after arrival, you may be able to request a change of nonimmigrant status through USCIS, but the timeline is scrutinized closely.5U.S. Department of State. Visitor Visa
Blood Tests
If someone tells you that you’ll need a blood test to get a license, that advice is outdated. Nearly every state has dropped premarital blood test requirements. A few states require applicants to receive informational brochures about sexually transmitted diseases or genetic conditions, but no test result affects your ability to get the license.
What Changes the Day You’re Married
Federal Taxes
Marriage changes your federal filing status immediately. For the tax year in which you marry, you must file as either married filing jointly or married filing separately, even if the wedding was on December 31. For tax year 2026, the standard deduction for joint filers is $32,200 compared to $16,100 for single filers, and joint income tax brackets are wider.6Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill
Health Insurance
Marriage is a qualifying life event that triggers a special enrollment window for employer-sponsored health insurance. Most plans give you 30 to 60 days from the wedding date to add a spouse. Federal employees have a window running from 31 days before to 60 days after the marriage to update their health benefits enrollment.7U.S. Office of Personnel Management. Im Getting Married or Remarried Missing this window generally means waiting until the next open enrollment period.
Social Security Spousal Benefits
Marriage opens eligibility for Social Security spousal benefits, which let a lower-earning or non-working spouse claim benefits based on the other spouse’s work record. To qualify, you must be married for at least one year and be 62 or older, or caring for a qualifying child. Ex-spouses can also claim spousal benefits if the marriage lasted at least 10 years.8Social Security Administration. Who Can Get Family Benefits
Changing Your Name
Marriage is one of the most common reasons for a legal name change, but the marriage certificate does not update your records automatically. Notify each agency separately, starting with Social Security. Submit an application along with your marriage certificate (an original or certified copy, not a photocopy) and a current photo ID. The Social Security Administration does not accept photocopies or notarized copies.9Social Security Administration. U.S. Citizen – Adult Name Change on Social Security Card
Once Social Security has processed the change, update your driver’s license or state ID at the motor vehicle office, then work through the rest: passport, bank accounts, employer records, insurance policies, and any professional licenses. Updating Social Security first matters because other agencies often verify your name against SSA records.