A notary cannot marry someone in any U.S. state
A notary public is not authorized to perform marriages anywhere in the United States. Notaries can witness signatures, verify identities, and certify documents, but they have no power to solemnize a marriage — meaning they cannot legally conduct a wedding ceremony or make two people husband and wife.
Only people with specific legal authority can marry couples. In most states, that means an ordained minister, judge, justice of the peace, or someone who has received a special license from the state. A notary's stamp and signature do not grant them any of these powers, even if they happen to be a religious figure or have performed many weddings in the past.
If you are planning a wedding and someone suggests using a notary to cut costs or simplify the process, that will not work. The marriage would not be legal, and you would still need to go through the correct channels to be recognized as married by your state.
Key Takeaways
- Notaries cannot perform marriages in any U.S. state, regardless of their other credentials or background.
- Only judges, justices of the peace, ordained clergy, and people with a specific state license can legally marry couples.
- A marriage performed by a notary would not be recognized by your state and would not create a legal marriage.
- If you want to marry someone, you must find an officiant who holds the actual legal authority to do so in your state.
Who can legally marry people
The people authorized to perform marriages vary slightly by state, but the list is always short and specific. Judges and justices of the peace can marry people in every state. Ordained ministers, priests, and rabbis can marry people in most states, though some states require them to register with the county first. Some states also allow ship captains, Native American spiritual leaders, or people who have obtained a one-time license to perform a single ceremony.
What all of these have in common is that they received their authority directly from the state or from a religious body that the state recognizes. A notary's commission does not include this authority. You cannot add it by asking nicely, paying extra, or combining it with another credential. The notary's job and the officiant's job are separate under state law.
What happens if a notary performs a marriage anyway
If a notary marries you without legal authority, the marriage is void. That means it never happened in the eyes of the law. You would not be legally married, even if you signed papers, exchanged rings, and had witnesses present. Your state would not recognize the marriage on any official document.
This creates real problems. You could not file joint taxes, add your spouse to your health insurance, inherit from them automatically, or make medical decisions on their behalf. If you later wanted to divorce, you would have to prove the marriage was invalid rather than straightforward filing for divorce. If you wanted to marry someone else, you would not need a divorce — but you also would not have the legal protection of being married to the person you thought you married.
The notary themselves could face consequences too. Performing a marriage without authority is illegal in most states and can result in fines or loss of their notary commission.
How to find a legal officiant in your state
Start by contacting your county clerk's office or the vital records office in your county. They can tell you which types of people are authorized to marry couples in your state and how to find them. Many counties maintain a list of judges and justices of the peace who perform weddings, and some publish lists of registered clergy.
If you want a religious ceremony, contact the place of worship directly — a church, synagogue, mosque, or temple. They can tell you whether their clergy are registered with the county and what their process is. If you want a secular ceremony, a judge or justice of the peace is usually the fastest option. Many will perform brief ceremonies for a small fee, often under $100.
Some states allow you to request a one-time license for a friend or family member to perform your wedding. Contact your county clerk to ask whether this is an option where you live and what the process requires.
The difference between witnessing and performing
A notary can witness your signature on a marriage license process or other wedding-related documents. That is part of their normal job. But witnessing a signature is not the same as performing a marriage. Witnessing means you saw the person sign the document and verified their identity. Performing a marriage means you have the legal power to conduct the ceremony and create the marriage itself.
Some people confuse these two things because both involve a notary being present at an important moment. But a notary's role in a wedding is limited to paperwork, if anything. The actual marriage must be performed by someone with the legal authority to do so.
Why some people think a notary can marry them
The confusion often comes from the fact that notaries handle official documents and have a state commission. It seems logical that they might be able to perform other official acts. In reality, a notary's powers are narrow and specific: they can witness signatures, verify identities, and certify that a document is a true copy of an original. That is the full list.
Another source of confusion is that some officiants — like judges or clergy — also have other roles in their communities. A judge might be a notary, or a minister might work at a courthouse. But they are performing the marriage in their capacity as a judge or minister, not as a notary. The notary credential adds nothing to their ability to marry people.
Frequently Asked Questions
Can a notary sign off on a marriage license?
A notary can witness your signature on a marriage license process if the form requires a notarized signature. However, witnessing your signature is different from performing the marriage. You still need a judge, justice of the peace, or authorized clergy to actually conduct the ceremony and make the marriage legal.
What if I get married by a notary and then try to get a divorce?
You would have to prove the marriage was invalid rather than filing for a standard divorce. This is more complicated and expensive than a normal divorce. You would need to show that the person who married you had no legal authority to do so. It is much simpler to use a legal officiant from the start.
Can a notary marry me if they are also a minister?
Only if they are performing the marriage in their capacity as a minister, not as a notary. The minister credential is what gives them the power to marry you, not the notary credential. They would still need to be registered with your county or state as an authorized clergy member.
Is it cheaper to have a notary marry me?
It would not be legal, so cost is not relevant. A marriage performed by a notary would not be recognized by your state. A justice of the peace or judge often charges $50 to $150 to perform a wedding, which is usually less expensive than a clergy member and still completely legal.
Can I get a notary license that also allows me to marry people?
No. A notary license and an officiant license are separate credentials issued for different purposes. You cannot combine them or add one to the other. If you want to marry people, you would need to become ordained, become a judge, or pursue whatever path your state recognizes for officiants.