To legally elope, you need the same things any marriage requires: a marriage license from the jurisdiction where the ceremony will happen, government-issued ID for both partners, an authorized officiant in most states, any witnesses your state requires, and a signed license returned to the issuing office before the filing deadline. The ceremony itself can be two people in a quiet field. The paperwork around it is fixed, and that’s where elopements tend to go sideways.
Who Can Legally Marry
Both partners have to clear a few baseline requirements before any clerk will issue a license. Both must be at least 18 in most states, though a handful set different thresholds. Both must have the mental capacity to consent. Neither can already be married to someone else. And the couple cannot be closely related by blood, with the exact prohibited relationships varying by state.
If either partner was married before, that marriage has to be legally ended through divorce or a spouse’s death before a new license can be issued, and you’ll need proof.
Documents to Bring to the Clerk
Walking into the clerk’s office with the right paperwork is what separates a 20-minute visit from a wasted afternoon. Requirements vary a bit by county, but plan on bringing:
- A government-issued photo ID for each partner: driver’s license, state ID, or passport.
- A certified copy of your birth certificate, which many jurisdictions require to verify date of birth and legal name.
- Your Social Security number, generally required on the application for U.S. citizens.
- If either partner was previously married, a certified copy of the divorce decree or the former spouse’s death certificate.
The application itself will ask for details most people don’t carry in their heads: both parents’ full legal names and birthplaces, your current address, and the date and manner of any prior marriage ending. Write them down before you go.
If one partner isn’t a U.S. citizen, a valid passport is the primary ID. Some counties ask for extras like a visa or an affidavit of eligibility to marry, and a foreign national without a Social Security number can usually note that on the form. Call ahead to confirm.
The Marriage License
A marriage license is the document that gives you legal permission to marry, issued by a local authority such as the county clerk or city hall.1Legal Information Institute. Marriage License You apply in the jurisdiction where the ceremony will take place, and in most places both partners have to appear in person.
License fees average around $65 but range widely by county. Some charge as little as $30; others top $100.
Most states have no mandatory waiting period, so you can apply and marry the same day. A smaller group require a wait of one to three days between application and ceremony. Check this before you book anything if your plan depends on same-day marrying.
Once issued, the license expires. In most states it’s good for 30 to 90 days, with a few states allowing up to a year. The ceremony has to happen inside that window or you’ll reapply and pay again. If you’re traveling to your elopement location, time the application accordingly.
The Officiant
In most states, someone legally authorized has to solemnize the marriage. Authorized officiants typically include:
- Ordained or licensed clergy in good standing with their denomination.
- Judges, magistrates, and justices of the peace.
- Certain elected officials, such as mayors in some states.
- Notaries public, in a few states.
- Friends or family members temporarily deputized by a county clerk or judge for a single ceremony, where that’s permitted.
Couples who don’t have a clergy member in their lives usually hire a justice of the peace or a professional officiant in the area where they’re eloping. It’s the simplest route.
Online Ordination
Friends ordained through online ministries like the Universal Life Church or American Marriage Ministries can legally officiate in most states. A handful of jurisdictions have challenged online ordination or require additional registration. Call the county clerk where the ceremony will happen and confirm they’ll accept an online-ordained officiant before the wedding day.
Self-Solemnization
If your vision is the two of you alone on a mountaintop, roughly nine states and the District of Columbia allow self-solemnization, meaning no officiant is required. Colorado is the best known, which is part of why its national parks are such a popular elopement destination. Pennsylvania, Illinois, Wisconsin, California, Maine, Nevada, and Kansas also permit some form of self-uniting marriage, each with its own paperwork rules. Confirm the details with the local clerk before relying on this option.
Witnesses
Witness rules trip up more elopements than almost any other detail, mostly because couples assume they need witnesses when their state doesn’t require any. Many states require none. Those that do typically require one or two witnesses, usually at least 18, who sign the marriage license after the ceremony.
States requiring no witnesses include California, Colorado, Florida, Illinois, Maryland, Ohio, Texas, and Virginia, among others. States requiring two include Alaska, Arizona, Delaware, Kansas, Kentucky, Maine, and Wisconsin. New York and Nevada are among the states requiring one. If you’re planning to elope with no one else present, verify the rule for your county first.
The Ceremony and Signing the License
The ceremony doesn’t have to follow a specific script to be legally valid. What matters is that both partners declare their intent to marry each other and, where an officiant is required, that the officiant pronounces them married. Afterward, the officiant, both partners, and any required witnesses sign the license.
That signed license is your proof. Keep it somewhere safe between the ceremony and the filing step.
Filing the License After the Ceremony
The signed license has to go back to the issuing office, usually the county clerk or recorder. Filing deadlines generally fall somewhere between a few days and 10 days after the ceremony. In some jurisdictions, filing is the officiant’s job; in others, it’s on the couple. Ask who’s responsible before you leave the clerk’s office with the license.
This is where elopements most often go wrong. A couple has a lovely ceremony, everyone signs, and the paperwork then sits in a bag for weeks. Until the signed license is filed, your marriage is not officially recorded. You can’t request a marriage certificate, and you have no legal proof of the marriage. File on time.
Once the license is processed, you can order certified copies of your marriage certificate from the same office. Order several. You’ll need them for name changes, insurance, and other administrative updates. Copy fees vary by jurisdiction.2USAGov. How to Get a Copy of a Marriage Certificate or a Marriage License
Eloping Abroad
Destination elopements in another country add a legal layer worth planning around. U.S. embassy and consulate employees cannot perform marriages in foreign countries.3Travel.State.Gov. Marriage You’ll follow the marriage laws of the country where you’re eloping, working with local civil or religious officials.
Foreign countries may require residency periods, blood tests, translated documents, proof of eligibility to marry, or consular appointments. Some require an affidavit confirming you’re legally free to marry; you can get this notarized at a U.S. embassy or consulate abroad, though the U.S. government itself cannot officially attest to your marital status.3Travel.State.Gov. Marriage
A marriage that’s legally valid in a foreign country is generally recognized in the United States, as long as it doesn’t violate fundamental U.S. legal principles like minimum age or the prohibition on polygamy. To use your foreign marriage certificate back home, you’ll typically need it translated into English and authenticated with an apostille. You don’t normally re-register the marriage in the U.S., but you will need the authenticated certificate for tax filing, name changes, and Social Security updates.
Common-Law Marriage Is Not a Shortcut
Some couples wonder whether they can skip the license entirely through common-law marriage. Only about eight states and the District of Columbia still recognize new common-law marriages, including Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah.4National Conference of State Legislatures. Common Law Marriage Even there, it takes more than living together: you generally need to intend to be married, present yourselves publicly as married, and cohabitate for a significant period. Proving a common-law marriage later, for benefits, property rights, or immigration, is harder than proving a licensed one. If simplicity is the appeal of eloping, a license and 15 minutes with an officiant is both simpler and more secure.