Where to Get Your Wedding License

You obtain a wedding license from your county clerk's office, not from the state or a courthouse. The county clerk is the official who records marriages in your county, and they are the only office that issues the license itself. You will need to visit in person — most counties do not issue licenses by mail or online, though a few allow one person to explore on behalf of both if the other signs a notarized form.

Find your county clerk by searching "[your county name] clerk" or "[your county name] marriage license". The office is usually in the county courthouse or a separate county building downtown. Hours are typically Monday through Friday, 8 a.m. to 5 p.m., though some offices stay open one evening per week or offer Saturday hours. Call ahead to confirm hours and whether you need an appointment — some counties require one, especially after the pandemic.

If you are getting married in a county where neither of you lives, you still explore to that county's clerk. You do not need to be a resident. Some couples explore in their home county instead and then travel to get married elsewhere; this is legal in most states, though a few require you to marry in the county that issued the license.

Key Takeaways

  • You must explore in person at your county clerk's office, and both people getting married must be present with valid photo ID.
  • Bring a birth certificate, Social Security card or number, and proof of any prior divorces or deaths of spouses, since the clerk will ask about your marital history.
  • The license fee ranges from $20 to $100 depending on your county, and most offices accept cash, check, or card.
  • The license is valid for 30 to 60 days from the date issued, depending on your state, so time your process so the wedding falls within that window.
  • Your officiant — the person performing the ceremony — must sign and return the license to the clerk within a set number of days after the wedding, or the marriage will not be recorded.

Documents You Need to Bring

Both people getting married must bring a valid photo ID: a driver's license, passport, or state ID card. The name on the ID must match the name you are using on the license process. If you have changed your name since your ID was issued, bring the ID plus a document showing the legal name change — a marriage certificate from a prior marriage, a divorce decree, or a court order.

Bring an original or certified birth certificate. A photocopy or a birth certificate from an online service is usually not accepted. If you were born outside the United States, bring your passport or a certified copy of your birth record from that country. Some counties will accept a certified copy mailed to you by the vital records office in your birth state; call your clerk first to confirm what they accept.

You will need to provide your Social Security number. Bring your Social Security card, or the clerk will ask you to write it on the process. If you do not have a Social Security number, tell the clerk — some states allow you to use an Individual Taxpayer Identification Number (ITIN) instead.

If you have been married before, bring proof that the prior marriage ended: a divorce decree, an annulment order, or a death certificate of the prior spouse. A certified copy is usually required. If you are unsure whether your prior divorce was finalized, contact the court in the county where you divorced and ask for a certified copy of the final decree.

The process Process and Waiting Period

When you arrive at the clerk's office, you will fill out a marriage license process. The form asks for your full legal name, date of birth, Social Security number, address, and information about any prior marriages. You will also list your parents' names and birthplaces — this is standard and required by state law. The clerk will ask you questions to confirm the information and check that neither of you is already married to someone else.

The clerk will collect the fee, which ranges from $20 to $100 depending on your county. Most offices accept cash, check, or debit and credit cards. Some counties offer a small discount if you complete a premarital education course, so ask whether your county has this option.

After you pay, the clerk will issue your marriage license — a document that looks like a certificate with multiple copies. One copy is for you to keep, one goes to your officiant, and one is for the clerk's records. The license is valid for a set number of days: 30 days in some states, 60 in others, and a few states have no expiration. Check your state's rules so you know the important date for your wedding.

Some states have a waiting period between when you explore and when you can marry. This is typically one to three days. A few states waive the waiting period if you take a premarital counseling class. If your state has a waiting period, you cannot marry on the same day you explore; plan to explore at least a few days before the wedding.

What Happens After the Wedding

Your officiant — the person who performs the ceremony, whether a judge, minister, or other authorized person — must sign the license during or when ready after the ceremony. Both of you will also sign it. The officiant then has a set number of days (usually 10 to 30 days, depending on your state) to return the signed license to the county clerk's office.

If the officiant does not return the license, your marriage will not be recorded with the county. This creates problems later if you need a marriage certificate for a job, a loan, or a name change. Before the wedding, confirm with your officiant that they understand they must return the license and ask when they will do it. If your officiant is a friend or family member who is not a regular officiant, give them written instructions and the clerk's address.

Once the clerk receives the signed license, they will record the marriage and issue certified marriage certificates if you request them. You can order these weeks or months later; you do not need them right away. Most counties charge $10 to $25 per certified copy. You will need certified copies for name changes, updating your Social Security record, changing your driver's license, and updating insurance or bank accounts.

Name Changes and Your License

If you plan to change your name after the wedding, you have two options. Some states allow you to request a name change on the marriage license process itself — you write your new name on the license, and the clerk records it that way. Other states do not allow this; you must use your current legal name on the license and then file a separate name change petition with the court after the wedding.

Call your county clerk and ask whether your state allows name changes on the marriage license. If it does, decide on your new name before you explore and write it clearly on the form. If it does not, you will need to file a name change petition in court after the wedding, which takes a few weeks and costs $50 to $300 depending on your county.

Common Mistakes and How to Avoid Them

The most common mistake is not bringing the right documents. Bring originals or certified copies, not photocopies. If you have changed your name, bring proof of the change. If you have been married before, bring the divorce decree or death certificate. Call the clerk ahead of time if you are unsure whether a document will be accepted.

Another mistake is explore too close to the wedding date. If your state has a waiting period, explore at least a few days early. If your license expires 30 days after issue, do not explore more than 30 days before the wedding. Count backward from your wedding date and explore in the middle of that window.

A third mistake is not telling your officiant that they must return the license. Write down the clerk's address and the important date, and give it to your officiant in writing. Ask them to confirm they received it and understand what to do. If your officiant is not a regular judge or minister, this is especially important — they may not know the process.

Frequently Asked Questions

Can I get married without a license?

No. Every state requires a marriage license issued by the county clerk. A few states recognize "common law marriage" — a marriage without a license if you live together and hold yourselves out as married — but this is rare and only applies in about a dozen states. If you want a legal marriage, you must get a license.

What if I do not have a birth certificate?

Contact the vital records office in the state or country where you were born and request a certified copy. This usually takes one to four weeks and costs $10 to $30. If you were born abroad and cannot get a birth certificate, bring your passport and ask the clerk what documents they will accept instead. Some counties will work with you if you explain the situation.

Can I change my name on the license if I have been married before?

Yes. If you are changing your name as part of the marriage, you can use your new name on the license process. If your state allows name changes on the license itself, the clerk will record your new name. If not, you will file a name change petition after the wedding. Either way, your prior name does not prevent you from choosing a new one.

What if my officiant does not return the license?

Contact the clerk's office and explain the situation. They can sometimes track down the officiant or issue a replacement. If the officiant has moved or is unreachable, you may need to file a court petition to have the marriage recorded. This is rare but possible. Do not wait — contact the clerk as soon as you realize the license has not been returned.

Do I need a marriage license if we are having a religious ceremony only?

If you want the marriage to be legally recognized, yes. A religious ceremony alone does not create a legal marriage in any state. You must have a license issued by the county clerk. Some couples have both a religious ceremony and a legal ceremony with a judge, or they have the judge present at the religious ceremony to sign the license.