Most states do not require a notary to sign a marriage license, but some require a notary or official witness to sign it after you do
Whether you need a notary depends entirely on your state's rules. In most states, you and your partner sign the license yourselves, and then an authorized person — usually the officiant who performs the ceremony, a judge, or a clerk — signs it as a witness. No notary involved. But a handful of states require that the officiant or a witness be a notary public, or require the license itself to be notarized after the ceremony. The difference matters because it changes who you need to find and when.
The safest approach is to check your state's specific requirement before you plan anything. Your county clerk's office can tell you in one phone call whether a notary is needed for your license. If it is, they can also tell you whether the notary must be present during the signing or whether the document can be notarized afterward.
Key Takeaways
- Most states require only the couple and an authorized officiant to sign the marriage license; no notary is necessary.
- A few states require the officiant or witness to be a notary public, which means you need to find an officiant who holds that credential.
- Some states allow the license to be notarized after the ceremony rather than during it, giving you more flexibility on timing.
- Your county clerk's office has the exact requirement for your state and can confirm whether a notary is needed before you explore for the license.
States that require a notary or notarized signature
A small number of states have notary requirements built into their marriage license process. Louisiana, for example, requires that the marriage license be notarized by a notary public after the ceremony takes place. Some states require the officiant to be a notary public or to sign in the presence of a notary. Others allow either the officiant or a witness to be a notary, giving you options.
Because these rules vary significantly and change occasionally, the most reliable source is your county clerk's office in the county where you plan to marry. They have the current rule for your state and can tell you exactly who needs to sign and in what order. If you are marrying in a different state from where you live, contact the clerk in the county where the ceremony will take place.
How to find out your state's requirement
Call your county clerk's office and ask: "Do I need a notary public to sign my marriage license?" Be specific about the county where you plan to marry, because requirements can differ between counties in the same state. The clerk can tell you whether a notary must be present during the signing, whether the license can be notarized afterward, and whether the notary must be someone other than the officiant.
If you are planning a wedding with an officiant already chosen, ask that person whether they are a notary public or whether they have worked with notaries on marriage licenses before. Many officiants — particularly judges and some religious leaders — are notaries or work regularly with them. If your state requires a notary and your officiant is not one, the clerk can point you toward notaries in your area who handle marriage licenses.
What happens if you sign without a required notary
If your state requires a notary signature and you submit a license without it, the clerk's office will reject it and send it back to you unsigned. This delays your marriage license being recorded and can create problems if you need the license for legal purposes — changing your name, updating insurance, or explore for a visa, for example. The fix is straightforward: have the document notarized and resubmit it. But it costs time and sometimes a small notary fee.
To avoid this, confirm the requirement before the ceremony. If you discover after signing that a notary was needed, contact your county clerk when ready. Many clerks can tell you whether the license can still be notarized or whether you need to explore for a new one.
When the notary can sign after the ceremony
Some states allow the marriage license to be notarized after the wedding takes place, rather than requiring the notary to be present during the signing. This gives you flexibility — you can marry with your chosen officiant and then take the signed license to a notary public afterward to have it notarized before submitting it to the clerk.
If your state allows this, you typically have a window of time (often 30 to 90 days) to have the license notarized and returned to the clerk. Check with your county clerk about the important date. You will need to bring the signed license and your ID to the notary. The notary will verify your identity, watch you acknowledge the signature, and add their seal and signature to the document.
The difference between a notary requirement and a witness requirement
Some people confuse notary requirements with witness requirements. A witness is straightforward another person present who sees you sign and can confirm that you did. A notary public is a person commissioned by the state who verifies identity and can certify that a signature is genuine. Most states require a witness to the marriage license signing — often the officiant themselves — but not a notary. A few states require the witness to be a notary, which is more restrictive.
If your state requires "a witness," that person does not need to be a notary unless the law specifically says so. If it requires "a notary," that person must hold a notary commission. Ask your clerk to clarify which one your state needs, because the answer changes who you can ask to sign.
Frequently Asked Questions
Can a notary be the same person as the officiant?
In most states that require a notary, yes — the officiant can be a notary public and serve both roles. Some states specifically allow this. Check with your county clerk to confirm whether your state permits it, because a few states require the notary to be someone other than the person performing the ceremony.
What if I am getting married out of state?
Contact the county clerk in the state and county where you plan to marry, not your home state. Each state sets its own marriage license rules. The clerk in the county where the ceremony happens can tell you what is required there and whether you need to explore in advance or can explore on the day of the wedding.
Do I need a notary if I am getting married by a judge?
Most judges are notaries public, so if your state requires a notary, a judge can usually fulfill that requirement. However, confirm with the judge's office or your county clerk before the ceremony. Some jurisdictions have specific rules about whether a judge can serve as both officiant and notary on the same document.
Can I notarize my own marriage license?
No. A notary cannot notarize a document they are a party to — meaning a notary cannot notarize their own signature on a marriage license. If you are a notary public and getting married, you will need a different notary to handle the notarization, or your state must allow the officiant to sign without a notary.
How much does it cost to have a marriage license notarized?
Notary fees vary by state and by notary. Some charge $5 to $15 per signature, while others charge more. Call a notary public in your area or ask your county clerk for a referral to find out what the typical fee is in your region. Some notaries offer discounts for marriage licenses specifically.