You get a marriage license in the state where the wedding will happen, not the state where you live. Every state issues licenses only for ceremonies performed within its own borders, so if you live in Ohio and are marrying on a Florida beach, you apply in Florida. No state requires you to be a resident to get a license there. Where to get a marriage license comes down to one question: where will the two of you say “I do”?
The State Where You Marry Is the State That Issues the License
The licensing authority follows the ceremony, not the couple. A license issued in your home state will not work across state lines, and there is no mechanism to convert one. If neither of you has ever lived in the state where the wedding is planned, that state still issues the license, and residency is not part of the application.
Within a given state, most jurisdictions let you apply at any county clerk’s office, not only the county where the ceremony will take place. A handful of states still require you to visit the clerk in the ceremony county, so call the clerk’s office before you make the trip. A quick phone call can save you a wasted drive.
Waiting Periods Change When You Should Apply
About a third of states make you wait between picking up the license and legally using it. The waits run from one to three days.
- One-day wait: Illinois, Delaware, Louisiana, New York, and South Carolina.
- Two-day wait: Maryland.
- Three-day wait: Florida, Iowa, Kansas, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Texas, Washington, and Wisconsin.
Every other state has no waiting period at all, which means you can pick up the license and marry the same day. For a destination wedding, this detail matters more than almost anything else. Flying into a three-day-waiting-period state the afternoon before your ceremony means you cannot legally marry on schedule. Build the waiting period into your travel plan, not the other way around.
How Long the License Stays Valid
Marriage licenses expire. Apply too far in advance and you’ll have to pay and apply again. The validity window varies dramatically by state: a few states give you only 30 days, roughly half the country uses a 60-day window, and others allow 90 days, six months, or a full year. A small number of states set no expiration at all.
Unless you have confirmed a longer window in the issuing state, applying no earlier than 30 days before the ceremony is the safe default. And whatever the window, the license is only valid in the state that issued it. You cannot use a license obtained in one state for a ceremony held in another, even if both states would have accepted the same couple.
What to Bring to the Clerk’s Office
Both of you typically need to appear together. The usual checklist:
- A government-issued photo ID: driver’s license, passport, or state ID card.
- Proof of age, usually satisfied by the photo ID, though some offices ask for a birth certificate.
- A Social Security number, required in many jurisdictions but not all.
- If either of you was previously married, a certified copy of the divorce decree or a death certificate for a former spouse.
Fees vary widely. A few counties charge under $30; some charge over $100, with Washington State topping out above $150. Most couples pay somewhere between $30 and $100. Payment methods differ by office, and some accept only cash or money orders, so confirm before you go. A few states offer a discount if you complete a premarital education course.
Some offices now accept online applications in advance, which can shorten the counter visit but usually doesn’t replace it, since clerks still need to verify original documents in person.
Who Can Legally Perform the Ceremony
Whoever officiates has to be legally authorized to solemnize marriages in the state where the wedding takes place. Judges, magistrates, justices of the peace, and ordained clergy are recognized in most states.
If you want a friend or family member to officiate, online ordination through organizations such as the Universal Life Church or American Marriage Ministries is legal in most states but not all. Some states require the officiant to register with a local government office before the ceremony. Others do not recognize online ordination at all. An officiant who isn’t legally authorized can jeopardize the legal validity of the marriage, so verify the rules in the ceremony state months ahead of time, not the week before.
After the Ceremony: Filing Makes It Official
Signing the license at the altar is not the finish line. After the ceremony, the officiant and typically one or two witnesses sign the license, and the officiant returns it to the issuing clerk’s office, usually within 10 to 30 days depending on the jurisdiction. Until the clerk records it, the marriage does not appear in government records.
If the officiant forgets, you can run into problems with joint tax filing, insurance enrollment, or anything else that requires proof of marriage. Follow up with your officiant a week or two after the wedding to confirm the paperwork has gone in.
License vs. Certificate
People use these terms interchangeably, but they are two different documents. The marriage license is permission to marry; you get it before the ceremony and it expires if unused. The marriage certificate is proof that you are married, issued after the clerk records the signed license. Banks, employers, insurance companies, the Social Security Administration, and passport offices all want a certified copy of the certificate, not the license. Order several certified copies from the recording clerk, since different institutions may each need their own original.
Marrying Outside the United States
The stateside rule stops at the border. If you’re marrying abroad, the laws of that country govern the entire process, and requirements can include residency periods, blood tests, translated and authenticated documents, and proof that you’re legally free to marry. The U.S. Department of State advises researching the destination country’s rules well before traveling.1U.S. Department of State. Marriage A marriage legally performed abroad is generally recognized as valid in the United States, though you may need a certified copy of the foreign certificate and a translation for use with U.S. agencies.
When a License Isn’t Required
In the vast majority of states, a ceremony performed without a valid license has no legal effect. No joint tax filing, no spousal inheritance, no authority to make medical decisions, no access to spousal benefits.
A small number of states still recognize new common law marriages, which allow a couple to be legally married without a license or ceremony if they live together, present themselves publicly as married, and intend to be married. Only about eight states and the District of Columbia currently recognize new common law marriages, so for most couples this is not a workable alternative to getting a license in the state where you plan to marry.2National Conference of State Legislatures. Common Law Marriage by State