Legal Matters

How to Get Marriage License: Your Complete 2025-2026 Legal Guide

Learn how to get marriage license steps, requirements, and legal costs for 2025-2026. Avoid common mistakes and ensure your wedding is legally binding.

March 16, 202512 min
How to Get Marriage License: Your Complete 2025-2026 Legal Guide

Key Takeaways

  • Apply 30 days before your wedding to balance waiting periods and expiration dates.
  • You must usually apply in the county where the ceremony takes place, not where you live.
  • Research your officiant’s legal registration requirements to ensure the ceremony is valid.

Planning a wedding involves thousands of details, from the perfect floral arrangements to the wording of your vows. However, amidst the excitement of cake tastings and dress fittings, the most critical "to-do" item is often the most bureaucratic: learning how to get marriage license documents in order. Without this single piece of paper, your beautiful ceremony is essentially a very expensive party rather than a legal union.

As we move into 2025 and 2026, the landscape of marriage law is shifting. From digital ID transformations to updated fee structures, staying informed is the best way to ensure your path to the altar is stress-free. In this guide, we will break down the entire process, including the latest legal updates, common pitfalls, and expert strategies for a seamless application.

National Annual Marriages
2 Million
Median Age of Marriage
30.2 Years
Average Cost
$35–$115
Standard Waiting Period
24–72 Hours

Understanding the Basics: License vs. Certificate

Before you head to the clerk’s office, it is essential to understand exactly what you are applying for. Many couples use the terms "license" and "certificate" interchangeably, but they serve two very different functions in the eyes of the law.

The marriage license is your "permit" to get married. It is the document you obtain before the wedding that gives you legal permission to wed within a specific timeframe and jurisdiction. Think of it like a learner’s permit for driving; it allows you to perform the act under supervision (your officiant).

The marriage certificate, on the other hand, is the official document issued after the ceremony. Once your officiant and witnesses sign the license and return it to the government, the state records the union and issues a certificate as proof that the marriage occurred.

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Note: You cannot get a marriage certificate without first obtaining and correctly filing a marriage license. For a deeper dive into these differences, see our guide on Marriage Certificate vs License.

Step-by-Step: How to Get Marriage License Ready

The process can feel daunting, but it generally follows a standard sequence of events. Here is how to navigate the application from start to finish.

1. Determine Your Jurisdiction

This is where many couples make their first mistake. In the vast majority of U.S. states and international regions, you must obtain your license in the specific county or municipality where the ceremony will take place.

Example: If you live in New York City but are getting married at a vineyard in Loudoun County, Virginia, your NYC-issued license will not be valid. You must follow the specific Marriage License Requirements by State and county where the "I do's" are exchanged.

2. Gather Your Documentation

Clerks are notoriously strict about paperwork. While specific requirements vary, you should prepare a "marriage folder" containing the following physical documents:

  • Government-Issued ID: A valid passport, driver’s license, or military ID.
  • Proof of Citizenship/Residency: Birth certificates are often required, especially if you do not have a passport.
  • Social Security Numbers: Many U.S. counties require these for tax and child support enforcement records.
  • Divorce Decrees or Death Certificates: If either party has been married before, you must provide the exact date the previous marriage ended. Some jurisdictions require a certified copy of the final judgment.

3. The Appointment and Fee

While many states now allow you to begin the application online, most still require an in-person appearance at the County Clerk or Register of Deeds office to verify your identities.

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Warning: Starting January 1, 2026, certain states like California (via Assembly Bill 64) are implementing mandated fee increases for vital records. Budget for costs ranging from $35 to $115 depending on your location.

The Timeline: Timing Your Application Perfectly

Timing is everything when it comes to legal paperwork. If you apply too early, your license might expire; if you apply too late, you might run into a mandatory waiting period.

The 60-Day Rule

I recommend that my clients research their local requirements at least 60 days before the wedding and aim to have their appointment roughly 3–4 weeks prior to the date. This window provides a safety net for any missing documents while ensuring you are well within the validity period of the license (which typically lasts 30 to 90 days).

Navigating Waiting Periods

Many states enforce a "cooling-off" period. This is a mandatory window (usually 24 to 72 hours) between the time you receive the license and the time you can legally marry.

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Tip: If you are planning a weekend destination wedding, do not fly in on Friday night for a Saturday morning ceremony if the state has a 24-hour waiting period. You will not be able to marry legally. Check the Marriage License Waiting Period for your specific destination.

Modern Trends and Legal Updates (2025-2026)

The laws surrounding marriage are evolving rapidly. If you are getting married in the next two years, keep these three major updates in mind:

1. The Virtual Shift (The Utah Exception)

While most states require an in-person visit, Utah has pioneered a fully digital process. As of 2025, Utah remains the primary exception where couples (including international couples) can apply for and receive a license virtually. This has become a popular option for those facing travel restrictions or bureaucratic hurdles in their home jurisdictions.

2. UK Marriage Law Overhaul (2026)

For those planning a wedding in England or Wales, 2026 marks a historic shift. The law is moving from a "building-based" system to an "officiant-based" system. Previously, you had to marry in a licensed venue (like a church or a registry office). Starting in 2026, the focus shifts to the person performing the ceremony, potentially allowing legal weddings in private homes, gardens, or beaches for the first time in centuries.

3. Minimum Age Requirements

In a significant trend for 2025, more states are closing "child marriage" loopholes. Oregon and South Dakota have recently joined a growing list of states setting the minimum marriage age at 18 with no exceptions, eliminating previous laws that allowed 16- and 17-year-olds to marry with parental consent.

Common Mistakes to Avoid

In my work as a public speaking coach and vow ghostwriter, I have seen legal mishaps overshadow beautiful ceremonies. Avoid these four common blunders:

Using the Wrong Ink

It sounds trivial, but many licenses are rejected by the state because they were signed in blue or purple ink. Most government scanners and archival systems require black ink. Furthermore, if a signature strayed even slightly outside the designated box, the clerk might require you to purchase a brand-new license and start over.

Forgetting Officiant Registration

Don't assume your "ordained-online" friend is legal everywhere. In jurisdictions like Virginia or parts of New York, officiants must register with the city or county before the ceremony.

Example: A couple in 2024 had their wedding "invalidated" for six months because their officiant, who was legally ordained in California, failed to realize that Virginia requires out-of-state ministers to file a specific petition with the circuit court.

The Mailing Delay

The marriage is not legally "closed" until the signed license is returned to the clerk’s office. Most states require this to be done within 10 days of the ceremony. If your officiant goes on vacation and forgets to mail the envelope, you are not legally married in the eyes of the government.

Name Change Misconceptions

A common myth is that you legally change your name on the marriage license application. In reality, the license simply provides the legal proof you need to later change your name with the Social Security Administration and DMV.

Success: Correctly filing your license is the first step toward a smooth name transition. If you are planning this step, read our guide on Name Change After Marriage.
Requirement Typical Range/Rule 2025-2026 Update
Validity Period 30 - 90 Days No major changes
Waiting Period 24 - 72 Hours Increasing in some East Coast states
Average Cost $35 - $115 California fee hikes (Jan 2026)
Blood Test Not Required Phased out in almost all jurisdictions

Frequently Asked Questions

Do we still need blood tests to get a marriage license?
No. As of 2025, almost all U.S. states and many international jurisdictions (including Canada and the UK) have phased out mandatory blood tests. This was historically done to check for venereal diseases or genetic compatibility, but it is no longer a standard legal requirement.
Can we get a marriage license online?
While many states allow you to start the application process online to save time at the office, most still require an in-person appearance to verify your IDs. Utah is currently the only U.S. state offering a fully virtual, end-to-end process that is recognized legally.
Does our marriage license work if we decide to elope in a different state?
No. If you obtain a license in Nevada, it is only valid for a wedding taking place in Nevada. If you change your mind and elope in California, you must apply for a California marriage license. However, once you are legally married in any state, your marriage is recognized globally.
What happens if we lose our marriage license before the ceremony?
You will need to return to the clerk’s office where it was issued to apply for a duplicate. There is usually a fee for this, and you may have to sign an affidavit stating the original was lost or destroyed. Do not wait until the morning of the wedding to check for the document!
Who is responsible for returning the license after the wedding?
In most jurisdictions, the legal responsibility falls on the officiant. They must ensure the document is signed by the couple, the witnesses (if required), and themselves, then mail it back to the issuing office within the state’s mandated timeframe (usually 10 to 30 days).

Conclusion: Peace of Mind for Your "I Do's"

Securing your marriage license may not be as romantic as writing your vows, but it is the foundation upon which your legal life together is built. By understanding the timeline, gathering your documents early, and staying aware of the 2025-2026 legal shifts, you can head into your wedding weekend with total peace of mind.

Remember the "60-day rule": research early, apply 3-4 weeks out, and always bring black ink to the ceremony. Once the paperwork is handled, you can focus on what truly matters—the promises you’re making to one another.

Success: By following this guide, you’ve ensured that your union is not just a beautiful memory, but a legally recognized partnership.

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Written by Elena Rodriguez

Our team of wedding experts is dedicated to helping couples plan their perfect day. From budgeting tips to vendor recommendations, we're here to guide you through every step of your wedding journey.

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