The wedding documents you need before and after marriage fall into two short lists. Before the ceremony: a government-issued photo ID for each partner, your Social Security numbers, proof that any prior marriage has ended, and a marriage license from the clerk’s office where you’ll marry. After the ceremony: certified copies of your marriage certificate, which you’ll use to update your name, taxes, Social Security record, passport, and every financial account you hold jointly or individually.
What follows walks through each document, when you need it, and the situations that add extra paperwork, including prior marriages, foreign documents, non-citizen applicants, and name changes.
Identification for the Marriage License
Every clerk’s office asks both partners to prove who they are and how old they are. At minimum, each applicant needs a valid government-issued photo ID showing their full legal name and date of birth. A current driver’s license or U.S. passport works almost everywhere. Military IDs, permanent resident cards, and state-issued identification cards are also widely accepted.
Most offices want your Social Security number as well, either by seeing your Social Security card or by taking the number on the application. The minimum age to marry without parental or judicial consent is 18 in most jurisdictions, though a handful set different thresholds or allow minors to marry under limited circumstances with court approval. A certified birth certificate is commonly required for applicants under 21 and may be requested from anyone whose photo ID doesn’t clearly establish their date of birth.
Proof That Any Prior Marriage Has Ended
If either of you has been married before, you’ll need to prove the earlier marriage legally ended before a new license can be issued. The standard document is a certified copy of your final divorce decree showing the date the divorce became effective and the court that granted it. If a prior marriage ended through annulment, bring the annulment order. If a former spouse died, a certified death certificate serves as proof that you’re free to remarry.
Clerks verify the effective date of any prior dissolution to confirm that any required waiting period between marriages has passed. Providing false information about your marital history on the application is perjury, which can carry fines or jail time depending on the jurisdiction.
Foreign Divorce Decrees
A divorce granted in another country is generally recognized in the United States, but you’ll face extra steps. Any foreign-language document must come with a complete, certified English translation. The translator’s certification should include their name, signature, a statement that the translation is accurate and complete, and the date of certification. Some clerk’s offices also require the translation to be notarized, so check with your local office before your appointment.
The Marriage License
Both partners typically must appear together at the clerk’s office to sign the application, though a growing number of jurisdictions now allow online applications that reduce the in-person visit to a quick verification step. You’ll pay a license fee at this stage, generally $35 to $100. Several states offer significant fee reductions for couples who complete a premarital education course, sometimes cutting the cost in half or waiving it entirely.
Fill out the application carefully. Every detail needs to match what appears on your birth certificate and other legal documents. A typo or mismatch can mean processing delays, and correcting errors after the license is issued often requires a formal amendment petition with its own fees.
Some jurisdictions impose a mandatory waiting period after the license is issued before the ceremony can take place, ranging from 24 to 72 hours where they exist. Many places have none at all. The license also carries an expiration date, typically 30 to 90 days, within which the ceremony must happen. If the license expires before you marry, you’ll apply and pay again.
Officiant and Witnesses
The person who performs the ceremony must be legally authorized, and the categories vary by location. These generally include religious leaders such as clergy, rabbis, and imams, and civil officiants like judges and justices of the peace. Some jurisdictions recognize online-ordained ministers; others don’t. Confirming your officiant’s authority before the wedding day prevents a serious headache later.
Most jurisdictions require one or two witnesses who are at least 18 years old to sign the license alongside the couple and officiant. Witnesses can be anyone present at the ceremony. After the ceremony, the signed license must be returned to the issuing clerk’s office, usually by the officiant, within a deadline that ranges from 10 to 30 days depending on the jurisdiction. Failing to return it doesn’t necessarily void the marriage, but it can create serious complications when you later need to prove you’re married.
If Either Partner Is a Non-U.S. Citizen
There is no citizenship or residency requirement to get married in the United States. A non-citizen can obtain a marriage license in any jurisdiction, but the identification requirements shift. A valid, unexpired foreign passport is the most universally accepted ID. Some clerk’s offices also accept consular identification cards or foreign government-issued IDs, though acceptance varies.
Any supporting document in a language other than English, whether a birth certificate, divorce decree, or court order, must be submitted with a certified English translation. The certification needs to include the translator’s name and signature, a statement that the translation is accurate and complete, and the date of certification. Some offices also require notarization of the translation, though this is not universal. If you’re bringing documents from abroad, build in extra time to have them translated and certified before your appointment.
Prenuptial Agreement (Optional)
A prenup is not required for a marriage license. It is the one document that spells out, before the wedding, how assets, debts, and spousal support would be handled if the marriage ends. For a prenuptial agreement to hold up in court, it must meet several baseline requirements that are consistent across most states:
- It must be in writing and signed by both partners. Oral prenups are not enforceable.
- Both partners must sign voluntarily. Agreements presented for the first time the night before the wedding are particularly vulnerable to challenges.
- Both partners must honestly disclose their income, assets, and debts. Hiding a bank account or understating business income is one of the most common reasons courts throw these agreements out.
- The terms cannot be unconscionable. They don’t have to be perfectly equal, but an agreement so one-sided that it shocks a judge’s conscience will be invalidated.
Independent legal counsel for each partner is strongly recommended and, in some jurisdictions, practically required. A prenup cannot dictate child custody or child support, which courts decide based on the child’s circumstances at the time of divorce. Finalize the agreement well before the wedding, ideally weeks or months in advance, so neither party can later argue they were pressured.
Your Marriage Certificate After the Ceremony
The marriage license and the marriage certificate are different documents. The license gives you permission to marry. The certificate proves you did. After the clerk’s office records the returned, signed license, the marriage certificate becomes available. Certified copies are ordered separately, typically $10 to $25 each.
Order more copies than you think you need. You’ll hand them over to the Social Security Administration, your insurance company, your bank, your employer’s HR department, and potentially a passport agency. Turnaround times range from a few business days to several weeks depending on the office. Most federal agencies require an official certified copy rather than a photocopy or a county-issued duplicate of the license itself.1USAGov. How to Get a Copy of a Marriage Certificate or a Marriage License
Changing Your Name
Your marriage certificate is the key document for a legal name change, but it doesn’t update anything automatically. You notify each agency and institution one at a time. The order matters, because several agencies verify your identity against Social Security Administration records.
Social Security Administration
Start here. Submit Form SS-5 along with your certified marriage certificate and a current, unexpired photo ID. The SSA requires original documents or copies certified by the issuing agency; photocopies and notarized copies are not accepted.2Social Security Administration. Application for Social Security Card The SSA recommends waiting at least 30 days after the marriage date before requesting the name change, giving the state time to update its records.3Social Security Administration. Just Married? Need to Change Your Name? Residents of roughly 20 states can complete the entire process online.
Driver’s License and State ID
Once your Social Security card reflects your new name, visit your state’s motor vehicle office to update your driver’s license or state ID. You’ll typically need your marriage certificate and your new Social Security card. An updated driver’s license makes every subsequent name change easier, since it is your primary photo ID.
U.S. Passport
The form you use depends on timing. If your name change happened within one year of your most recent passport being issued, you can submit Form DS-5504 by mail with your current passport, a certified marriage certificate, and a new passport photo. There’s no fee unless you want expedited processing, which costs an additional $60. If more than a year has passed, you’ll renew using Form DS-82 by mail or apply fresh with Form DS-11 in person, and standard passport fees apply.4U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error Routine processing takes four to six weeks, expedited two to three weeks, not counting mail transit in either direction.
IRS and Tax Records
The IRS pulls your name from Social Security records, so updating with SSA is the critical step. If your name on file with the IRS doesn’t match SSA records when you file your tax return, expect processing delays and held refunds.5Internal Revenue Service. Change of Address Make sure your SSA update is complete before filing your first joint return.
Everything Else
After the major agencies, update your name with your bank, credit card companies, employer, health insurance, voter registration, utility providers, and any professional licenses you hold. The USA.gov name change page provides a checklist of federal agencies to notify, including the Department of Veterans Affairs and USCIS for naturalized citizens.6USAGov. How to Change Your Name and What Government Agencies to Notify
Documents You’ll Need for Federal Benefits
Tax Filing
Your marital status on December 31 determines your filing status for the entire tax year. If you marry at any point during the year, you’re considered married for that full year and can file as “married filing jointly” or “married filing separately.” If a spouse dies during the year, the surviving spouse is still considered married for that year’s return. For federal tax purposes, a marriage is recognized if it’s valid under the law of the state or territory where it took place, regardless of where you live now.7Internal Revenue Service. Publication 501 – Dependents, Standard Deduction, and Filing Information
Social Security Spousal Benefits
A married person can claim spousal benefits based on their partner’s Social Security earnings record, but you generally must have been married for at least one year before becoming eligible. A divorced spouse must have been married for at least 10 years to qualify for benefits based on an ex-spouse’s record.8Social Security Administration. What Are the Marriage Requirements to Receive Social Security Spouse’s Benefits When applying, the SSA requires your marriage certificate and, if applicable, a final divorce decree from any prior marriages. They’ll want dates, places, and details for every marriage you’ve had.9Social Security Administration. Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits
Keep your certified marriage certificate somewhere safe and accessible. Replacing it is possible but takes time, and you rarely know in advance when a benefits application, insurance claim, or estate matter will ask for the original.