Most states do not require a notary to sign a marriage license before the ceremony
You do not need a notary public to sign your marriage license in most U.S. states. The license itself requires signatures from you, your partner, and an authorized officiant (such as a judge, minister, or registered marriage officiant) — but a notary is not part of that process. The officiant who performs your ceremony is the one who signs and returns the completed license to the county.
Some couples confuse this with other documents that do require notarization, such as powers of attorney or property transfers. A marriage license is a government form, not a legal contract between private parties, so it follows different rules. Your state's requirements depend on who can legally perform marriages there and what that person must do to finalize the license after the ceremony.
Key Takeaways
- The marriage license requires signatures from both partners and the officiant, but not a notary in any U.S. state.
- The officiant (judge, minister, or registered marriage officiant) is responsible for signing and returning the completed license to your county recorder or clerk.
- Some states require the officiant to be registered or licensed, which is different from requiring a notary.
- If you need a notarized copy of your marriage license after it is recorded, you can request one from the county clerk for a small fee.
Who signs the marriage license and when
You and your partner sign the marriage license before or during the ceremony, depending on your state's rules. Some states require both signatures before the officiant performs the ceremony; others allow signing during or when ready after. The officiant then signs the license as a witness to the marriage and as proof that they performed the ceremony legally.
After the ceremony, the officiant (not you) is responsible for returning the completed, signed license to your county clerk or recorder within a set timeframe — usually 10 to 30 days. The county then records the marriage and issues you a certified copy if you request one. At no point in this process does a notary become involved.
When you might see a notary and why
You may encounter a notary if you need a certified copy of your marriage license after it has been recorded. A certified copy is an official document issued by the county clerk that bears the county seal and is signed by a clerk or official. This is not the same as a notarized copy, though some people use the terms interchangeably.
If you need a notarized version of your marriage license — for example, to present to a foreign government or as part of a legal proceeding — you can take your certified copy to a notary public and have them notarize it. The notary will verify your identity and add their seal and signature to confirm they witnessed you presenting the document. This costs between $5 and $25 depending on your state and the notary's fee.
State-specific rules for officiants
Some states have strict rules about who can perform marriages and sign the license. For example, a few states require the officiant to be registered with the state or to hold a specific credential. However, registration and notarization are not the same thing. A registered minister or judge is authorized by the state to perform marriages; a notary is authorized to witness signatures and verify identity for documents.
If you are planning a ceremony with an officiant you are unsure about, contact your county clerk to ask whether that person is authorized to sign marriage licenses in your state. The clerk can tell you what credentials or registration the officiant needs and whether any additional steps are required before or after the ceremony.
What to do if your officiant is not available to return the license
If your officiant moves, becomes ill, or is otherwise unable to return the completed license to the county, contact your county clerk when ready. Some counties allow you or your partner to deliver the signed license on the officiant's behalf, though you will need written authorization from the officiant. Other counties require the officiant to return it in person or by mail.
In rare cases, if the officiant cannot be located, you may need to petition the court to have the marriage recorded without the officiant's signature. This is a formal legal process and requires you to prove that the marriage took place and that you made a good-faith effort to have the license returned. Your county clerk can direct you to the right court and explain what documents you will need.
Getting a certified copy after the license is recorded
Once your marriage is recorded, you can request a certified copy from your county clerk. This is the official document you will use to change your name, update your Social Security record, or prove your marital status to employers, banks, or government agencies. Certified copies usually cost between $10 and $25 and can be ordered in person, by mail, or online depending on your county.
A certified copy already carries the county's official seal and signature, so it does not need to be notarized for most purposes. If a specific organization asks for a notarized copy, ask them whether they will accept a certified copy instead — many will, and it saves you the extra step and cost.
Frequently Asked Questions
Can I notarize my own marriage license?
No. A notary cannot notarize a document they are a party to — meaning if you are one of the people getting married, a notary cannot notarize your marriage license. If you need a notarized copy for a specific purpose, you will need to take your certified copy to a different notary.
Do I need a notary if I am getting married out of state?
No. Each state has its own marriage license rules, but none require a notary as part of the signing process. If you are marrying in a different state, follow that state's rules for who signs and when. Your home state will recognize the marriage once it is recorded in the state where it took place.
What if the person performing my ceremony is not registered in my state?
Contact your county clerk before the ceremony to confirm whether the officiant is authorized to sign marriage licenses in your state. Some states allow out-of-state clergy to perform marriages if they provide proof of ordination; others do not. The clerk can tell you what documentation the officiant needs to provide.
Can I get a notarized copy of my marriage license for a passport process?
Most passport applications accept a certified copy of your marriage license, not a notarized one. Check the State Department's website or call your local passport acceptance facility to confirm what form of the license they need before you pay for notarization.