Marriage Licenses

MARRIAGE LICENSES

Marriage license requirements are state-regulated and may be obtained from the Clerk of Courts in most county courthouses. Requirements vary from state to state, but generally include the following:

• Applying for and paying the fee for the marriage license. Make your application early enough to allow for any required waiting period before issuance. There is also a waiting period between the time the license is issued and when the ceremony may be performed, and the license must be signed by the officiating person and witnesses. Also determine if the marriage license has an expiration date by which the marriage must be performed.

• Meeting of residency requirements of the state and/or county where the ceremony will take place.

• Meeting the legal age requirements for both bride and groom, or having parental permission if underage.

• Presenting upon application for the license any required identification, birth or baptismal certificates, marriage eligibility or other documents.

• Obtaining a medical examination and/or blood test for both bride and groom, used for detection of communicable diseases, particularly venereal. Whether or not this is required, the couple owes it to themselves to begin their married life in good health. This is also an excellent time to discuss any questions on birth control or child-bearing with the doctor.

• If you have been married before, you may need to bring a copy of your Divorce Decree.

As an example, below is the statute for marriage licenses for the State of Minnesota as of 1998.

517.08 Application for license. Subdivision 1. Renumbered by amendment subds 1a,1b Subd. 1a. Application for a marriage license shall be made upon a form provided for the purpose and shall contain the following information: (1) the full names of the parties and the sex of each party; (2) their post office addresses and county and state of residence; (3) their full ages; (4) if either party has previously been married, the party's married name, and the date, place and court in which the marriage was dissolved or annulled or the date and place of death of the former spouse; (5) if either party is a minor, the name and address of the minor's parents or guardian; (6) whether the parties are related to each other, and, if so, their relationship; (7) the name and date of birth of any child of which both parties are parents, born before the making of the application, unless their parental rights and the parent and child relationship with respect to the child have been terminated; (8) address of the bride and groom after the marriage to which the court administrator shall send a certified copy of the marriage certificate; and (9) the full names the parties will have after marriage and the parties' social security numbers. The social security numbers must be collected for the application but must not appear on the marriage license. Subd. 1b. Term of license; fee. The court administrator shall examine upon oath the party applying for a license relative to the legality of the contemplated marriage. If at the expiration of a five-day period, on being satisfied that there is no legal impediment to it, the court administrator shall issue the license, containing the full names of the parties before and after marriage, and county and state of residence, with the district court seal attached, and make a record of the date of issuance. The license shall be valid for a period of six months. In case of emergency or extraordinary circumstances, a judge of the district court of the county in which the application is made, may authorize the license to be issued at any time before the expiration of the five days. The court administrator shall collect from the applicant a fee of $70 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital statistics the reports of marriage required by this section. If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the court administrator for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee. A court administrator who knowingly issues or signs a marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000. Subd. 1c. Disposition of license fee. Of the marriage license fee collected pursuant to subdivision 1b, the court administrator shall pay $55 to the state treasurer to be deposited as follows: (1) $50 in the general fund; (2) $3 in the special revenue fund to be appropriated to the commissioner of children, families, and learning for supervised visitation facilities; and (3) $2 in the special revenue fund to be appropriated to the commissioner of health for developing and implementing the MN ENABL program. Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.

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