Marriage laws vary by state across every practical dimension: the minimum age to wed, what documents you need, how much a license costs, how long it stays valid, who can perform the ceremony, and how your property and debts will be treated once you are married. Federal law sets a floor the states cannot drop below, but almost everything else, from the fee at the clerk’s window to the rules for ending the marriage, is decided locally.
The Federal Floor Every State Shares
The U.S. Supreme Court has repeatedly treated the right to marry as a fundamental right protected by the Fourteenth Amendment’s Due Process Clause, holding that states may only impose reasonable regulations that do not significantly interfere with the decision to marry.1Constitution Annotated. Marriage and Substantive Due Process In 2015, Obergefell v. Hodges established that the Fourteenth Amendment requires every state to license marriages between two people of the same sex and to recognize same-sex marriages lawfully performed in other states.2Justia. Obergefell v. Hodges, 576 U.S. 644 (2015)
Congress reinforced that protection in 2022 with the Respect for Marriage Act. The law prohibits any person acting under state authority from denying full faith and credit to a marriage performed in another state based on the sex, race, ethnicity, or national origin of the spouses, and it requires the federal government to recognize any marriage that was valid in the state or territory where it took place for purposes of all federal laws, rules, and regulations.3Congress.gov. H.R.8404 – Respect for Marriage Act A couple who marries in one state keeps that marriage when they move. Federal benefits like Social Security survivor payments, immigration sponsorship, and joint tax filing travel with them.
Age Requirements
Every state sets the general marriage age at 18, with two exceptions: one state requires applicants to be at least 19 and another sets the bar at 21. As of mid-2025, roughly 16 states and territories have passed outright bans on marriage for anyone under 18, with no exceptions. The trend has accelerated sharply since 2018.
In the remaining states, minors who are 16 or 17 can sometimes marry with parental consent, a court order, or both. A number of states require a judge to review the situation and find that the marriage serves the minor’s best interest and involves no coercion. Some states add further safeguards, such as capping the age difference between the parties or requiring the minor to be legally emancipated before they can qualify.
Other Eligibility Rules
Age aside, three other conditions have to be satisfied before any marriage can form legally.
- You must be single, divorced, or widowed. Marrying someone while a prior marriage is still active is bigamy, a criminal offense in all 50 states. It is typically charged as either a low-level felony or a high-level misdemeanor, and the second marriage is automatically void.
- Every state prohibits marriage between parents and children, grandparents and grandchildren, and siblings. Most also ban marriages between first cousins, though a minority of states allow them under conditions such as both parties being over a specific age or one being unable to have children.
- Both parties must have the mental capacity to understand what marriage means and voluntarily agree to it at the time of the ceremony. If someone is so impaired by substances or a cognitive condition that they cannot give informed consent, a court can later annul the marriage.
What You Need to Apply for a License
Applying for a marriage license requires proof of identity and age. A government-issued photo ID works in virtually every jurisdiction: a driver’s license, state ID card, or passport. Applicants born outside the country may also need a certified birth certificate with a professional English translation.
Federal law requires that Social Security numbers be recorded on every marriage license application. This stems from child support enforcement provisions that mandate states collect SSNs on applications for professional, occupational, recreational, and marriage licenses.4Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement The number is kept on file and does not appear on the face of the license in most states. Applicants without an SSN typically need to provide a signed statement or a letter from the Social Security Administration confirming their status.
If either party has been married before, proof that every prior marriage has been legally dissolved is required: a certified copy of a final divorce decree, an annulment order, or a death certificate bearing the official seal of the issuing court or agency. Photocopies and unofficial online printouts are almost never accepted. Certified copies typically cost $15 to $35 through the relevant court clerk or vital records office, and processing can take a few days to several weeks. Plan ahead if the records are in another jurisdiction.
Most applications also ask for each applicant’s parents’ full legal names, including maiden names, and birthplaces. That biographical information becomes part of the permanent marriage record.
Fees
Marriage license fees range from as low as $5 in jurisdictions that discount for couples who complete premarital education, to over $100 in counties that charge non-residents a premium. A more typical range is $30 to $90. Many clerk’s offices accept only cash, money orders, or certified checks, so confirm payment methods before showing up.
Medical Testing
Premarital blood testing was once standard and has been almost entirely eliminated. Only one state still has a statutory provision requiring female applicants to be tested for rubella immunity, and the requirement can be waived there by signing an informed consent form. No other state requires a medical exam or blood work as a condition of marriage.
Waiting Periods and When the License Expires
Some states impose a waiting period between applying for the license and either receiving it or being allowed to hold the ceremony. These waits are usually one to three days, though a few jurisdictions stretch longer. Several states waive the waiting period for active-duty military personnel, couples who have completed a premarital counseling course, or those who obtain a judge’s written waiver. Most states have eliminated waiting periods entirely, allowing couples to marry the same day they receive the license.
Licenses also expire. The validity window ranges from 30 days in some states to a full year in others, with 60 days being the most common. A handful of states impose no expiration at all. If the license expires before the ceremony, you have to apply again and pay the fee again, so confirm the expiration date and plan the ceremony inside it.
Marriage Without a License: Common Law Marriage
Most states require a marriage license and a formal ceremony. Roughly nine states and the District of Columbia still allow couples to create a valid marriage without either, through common law marriage.5National Conference of State Legislatures. Common Law Marriage by State A handful of additional states recognize common law marriages formed before a specific cutoff date or only for limited purposes like inheritance.
Requirements vary, but a common law marriage generally demands that both parties are legally eligible to marry, mutually agree to be married, live together, and hold themselves out publicly as spouses. Simply living together for a long time does not automatically create one. A valid common law marriage carries the same legal rights and obligations as a licensed one, including the need for a formal divorce to end it. States that do not allow their own residents to form common law marriages still generally recognize those lawfully created in a state that does.
Who Can Perform the Ceremony
A marriage license authorizes a ceremony but does not, by itself, create a legal marriage. The ceremony must be performed by someone the state recognizes as a qualified officiant.
Authorized officiants generally fall into two categories: religious leaders who are ordained or in good standing with their faith community, and civil officials such as judges, magistrates, and justices of the peace. Despite a persistent myth, ship captains do not automatically have legal authority to perform marriages in the United States. A captain would need to independently hold credentials as a judge, notary, or ordained minister.
Ministers ordained through online organizations are legally authorized to perform weddings in most of the country, though requirements vary. Some jurisdictions require the officiant to register with the secretary of state or local court before the ceremony, and a few counties have questioned the validity of online ordinations. Checking with the local clerk’s office where the ceremony will take place is the safest way to avoid problems.
Many states also allow individuals to obtain a temporary or one-day designation so that a friend or family member can officiate a single ceremony. The process usually involves filing an application with a local court or the secretary of state and paying a small fee.
Witnesses
Witness requirements split roughly in half. Many states require one or two adult witnesses to observe the ceremony and sign the license. Others have dropped the requirement entirely, needing only the signatures of the couple and the officiant. The license or the clerk’s office will specify what is needed.
Self-Solemnization, Covenant Marriage, and Proxy
A small number of states allow self-solemnization, meaning the couple can legally marry themselves without any officiant. Some states extend this option to anyone, while others limit it to members of specific religious traditions.
Three states offer an optional covenant marriage. Couples who choose this path must complete premarital counseling and sign a declaration of intent, and in return the grounds for divorce are restricted to specific circumstances such as adultery, abuse, abandonment, or a felony conviction. Choosing covenant marriage significantly limits the ability to obtain a no-fault divorce later.
A few states permit proxy marriages, where one or both parties are not physically present and are instead represented by a stand-in. These are most commonly available to military personnel deployed or stationed overseas. Federal immigration law generally does not recognize a proxy marriage unless it has been consummated after the ceremony, which is worth knowing if a spouse’s immigration status is involved.
Returning the License and Getting Certified Copies
The ceremony is not the last step. After the vows, the officiant and all required parties must sign the license, and the officiant is responsible for returning the completed document to the issuing clerk’s office. Deadlines for return vary, commonly ranging from 5 to 30 days depending on the jurisdiction. If the officiant forgets or misses the deadline, the marriage may not be recorded, which can create problems later when you need proof of marriage.
Once the clerk records the signed license, the marriage is officially on the books. At that point, you can request certified copies of your marriage certificate. You will need these for updating your name, adding a spouse to insurance policies, filing joint tax returns, and establishing spousal rights. Certified copies typically cost $15 to $35 each. Ordering several at once saves time.
Changing Your Name
Getting married does not automatically change your legal name. If you want to take your spouse’s surname, hyphenate, or choose an entirely new name, you need to update your records with multiple agencies, and the order matters.
Start with the Social Security Administration, because most other agencies verify your name against SSA records. You can begin the application online or at a local Social Security office, with proof of identity, your new legal name, and evidence of the name-change event, typically your certified marriage certificate.6Social Security Administration. How Do I Change or Correct My Name on My Social Security Card There is no fee from SSA. After SSA records are updated (allow at least 48 hours), visit your state’s motor vehicle agency to update your driver’s license or ID card. From there, update your passport, bank accounts, employer records, insurance policies, and professional licenses.
How Marriage Changes Property and Debt
Where you live determines the default rules for who owns what during a marriage and how property gets divided in a divorce. The country splits into two systems.
About nine states follow the community property model. Most income earned and debts taken on during the marriage belong equally to both spouses, regardless of who earned the money or signed the loan. If the marriage ends, courts aim for an equal split, and both spouses are generally liable for debts incurred during the marriage even if only one person’s name is on the account.
The remaining states use equitable distribution. Courts divide marital property based on what is fair given the circumstances, which often results in an unequal split. Judges weigh factors like each spouse’s income, contributions to the household (including homemaking and child-rearing), the length of the marriage, and whether one spouse sacrificed career opportunities to support the other.
In both systems, property you owned before the marriage and gifts or inheritances received individually during it are usually treated as separate property that stays with the original owner. Mixing separate assets with marital funds can blur that line and expose the separate property to division. This is one of the most common financial mistakes couples make without realizing it.
Prenuptial and Postnuptial Agreements
A prenuptial agreement is a contract signed before the wedding that spells out how assets and debts will be handled during the marriage and in the event of a divorce. Most states have adopted some version of the Uniform Premarital Agreements Act. A prenup must generally be in writing, signed voluntarily by both parties, and based on full financial disclosure. Courts will refuse to enforce an agreement signed under duress or so one-sided it shocks the conscience.
Postnuptial agreements work similarly but are signed after the wedding, and courts tend to scrutinize them more closely because spouses owe each other a heightened duty of good faith once married. Neither prenups nor postnups can dictate child custody or child support; courts always retain authority over those issues based on the child’s best interests. If you are bringing significant assets, a business, or substantial debt into a marriage, a prenup is the clearest way to protect both parties. Without one, your state’s default property rules will control.
How Marriage Affects Your Taxes
Marriage changes your federal tax filing status. Married couples can file jointly or separately, and the choice affects tax brackets, deductions, and eligibility for certain credits. When one spouse earns significantly more than the other, filing jointly often produces a marriage bonus, because the joint brackets are wide enough to shelter the combined income at lower rates. When both spouses earn roughly the same amount, the couple can face a marriage penalty. Under current law that penalty is largely concentrated at very high income levels, because most joint brackets are exactly double the single-filer brackets, with the top bracket being the main exception.
Marriage also affects eligibility for education credits, the earned income tax credit, IRA contribution deductions, and capital gains exclusions on a home sale. Running the numbers under both filing statuses before your first joint return is worth the effort.