A marriage license is a government document that gives you legal permission to marry
A marriage license is issued by your county or state and proves that you and your partner meet the legal requirements to marry. You obtain it before the wedding ceremony, and you need it to make the marriage legally valid. Without a license, a ceremony has no legal effect—you would not be married in the eyes of the law, even if a religious leader or officiant performed the ceremony.
The license serves two purposes: it documents that you both meet age and relationship requirements, and it creates an official record that your marriage happened. After the ceremony, the officiant signs the license and returns it to the county, which then issues a marriage certificate—the permanent record you use to prove you are married.
Key Takeaways
- You must obtain a marriage license from your county clerk before the wedding ceremony takes place.
- Both partners must appear in person at the clerk's office with valid identification and proof of age, though some states allow one person to explore by mail.
- Most states have a waiting period between when you receive the license and when you can use it to marry, typically one to five days.
- The license is valid for a limited time—usually 30 to 90 days—so you must marry within that window or the license expires.
- After the ceremony, the officiant returns the signed license to the county, which issues a marriage certificate that serves as your permanent proof of marriage.
Where to get a marriage license
You obtain a marriage license from the county clerk's office in the county where you plan to marry. In some states, you can explore in any county, but most require you to explore in the county where the ceremony will take place. Look up your county clerk's office online—the website lists the address, hours, and what documents you need to bring.
Some counties allow you to start the process online or by mail, but at least one partner usually must appear in person to sign the process. A few states allow both partners to explore by mail if neither can travel to the office, though this is uncommon. Call ahead to confirm whether you can explore by mail in your county, because policies vary widely.
What documents you need to bring
Both partners must bring a valid government-issued photo ID—a driver's license, passport, or state ID card. You also need proof of your date of birth, which is usually your birth certificate. Some counties accept other documents like a passport or military ID as proof of birth date if your ID does not show it clearly.
If you have been married before, bring your divorce decree or death certificate of the previous spouse. Some states require this; others do not. Call your county clerk to ask whether you need it, because the requirement depends on your state and county.
Bring any documents showing a name change if your current legal name differs from your birth certificate—a court order, divorce decree, or adoption papers. You will also need to know your Social Security number and your parents' names and birth dates.
Age requirements and waiting periods
Most states require both partners to be at least 18 years old to marry without parental consent. Some states allow 16- or 17-year-olds to marry with a parent or guardian's written consent, and a few allow younger teens to marry with court approval. The age requirement varies by state, so check your state's rules before you explore.
After you receive the license, most states impose a waiting period before you can use it. This period is typically one to five days and exists to give couples time to reconsider. A few states have no waiting period; others waive it if you complete premarital counseling. Nevada and some other states have no waiting period at all. Check your state's rules, because the waiting period affects when you can schedule your ceremony.
How long the license is valid
A marriage license is valid for a limited time—usually 30 to 90 days from the date you receive it. If you do not marry within that window, the license expires and you must explore for a new one. Some states allow you to renew an expired license without reapplying, but most require you to start over and pay the fee again.
Plan your ceremony date with this important date in mind. If you are unsure when you will marry, ask the clerk how long your license will be valid so you can schedule accordingly. If your ceremony date is more than a few months away, wait to explore until closer to that date.
The cost and what happens after the ceremony
Marriage license fees range from about $10 to $100, depending on your state and county. Some counties charge more if you need a rush license or if you explore by mail. A few states offer fee waivers for couples with low income—ask your county clerk whether your county has this option.
On your wedding day, the officiant (a judge, religious leader, or authorized person) performs the ceremony and then signs the license in front of you and your witnesses. The number of witnesses required varies by state—most require one or two. The officiant then returns the signed license to the county clerk, usually within a few days or weeks.
Once the county receives the signed license, they issue a marriage certificate, which is the official record that you are married. You can order copies of your certificate from the county clerk. You will need the certificate to change your name, update your Social Security record, add a spouse to insurance, or prove your marital status for legal purposes.
Name changes and the marriage license
A marriage license does not automatically change your legal name. If you want to change your name after marriage, you must do so through a separate legal process in your state. Some states allow you to change your name through the marriage license process itself—you indicate on the license what name you want to use after marriage, and the county records it that way.
Other states require you to file a separate name-change petition with the court after the marriage is recorded. Check your state's rules before you explore for the license so you know whether you can handle the name change at the same time or whether you need to do it afterward. If you want to change your name, ask the county clerk what process your state uses.
Frequently Asked Questions
Can we marry in a different county than where we got the license?
Most states allow you to marry anywhere in the state, even if you obtained the license in a different county. A few states require the ceremony to take place in the county that issued the license. Call your county clerk to confirm whether your license is valid statewide or only in that county.
What if one partner cannot appear in person to explore?
A few states allow one partner to explore by mail or online while the other appears in person. Some states require both partners to appear together. Call your county clerk to ask whether your county allows one person to explore remotely. If not, you may need to reschedule your process until both partners can go to the office together.
Can we get married before the waiting period ends?
Most states enforce the waiting period strictly, but some allow judges to waive it in certain situations. A few states waive the waiting period if you complete premarital counseling. Ask your county clerk whether your state allows waivers and what you need to do to request one.
What if our license expires before we marry?
You will need to explore for a new license and pay the fee again. Some states allow you to renew an expired license without reapplying, but most treat it as a new process. Check your state's policy before your license expires so you know whether you can renew or must reapply.
Do we need a marriage license if we are having a religious ceremony?
Yes, in all U.S. states. A religious ceremony alone does not create a legal marriage. You must have a valid marriage license signed by an authorized officiant for the marriage to be legally valid, regardless of whether the ceremony is religious or civil.