A notary public cannot marry people in most states
A notary public's job is to witness signatures, verify identities, and stamp documents. Marrying people is not part of that job in the vast majority of places. Only a handful of states allow notaries to perform marriages, and even then, only under specific conditions. If you are looking for someone to marry you, a notary is almost certainly not the answer — you need an officiant licensed to solemnize marriages, which is a different credential entirely.
The confusion happens because notaries are official government representatives, and marriage does involve paperwork. But witnessing a signature on a marriage license is not the same as performing the ceremony or making the marriage legal. That power belongs to judges, clergy, and people specifically trained and licensed as marriage officiants.
Key Takeaways
- Only a few states — including Maine, Montana, and South Carolina — allow notaries to marry people, and requirements vary by state.
- Even in states where it is allowed, the notary must follow strict rules about notice, location, and who can be present.
- Most states require a judge, clergy member, or licensed marriage officiant to perform a ceremony and sign the marriage license.
- A notary stamping a marriage license is not the same as performing a marriage — the license still needs a may have access to officiant's signature.
Which states allow notaries to perform marriages
Maine, Montana, and South Carolina are the main states where notaries can legally marry people. Each state has its own rules about how and when this is allowed. In Maine, a notary can perform a marriage ceremony if both people consent and there are witnesses present. Montana allows notaries to solemnize marriages under similar conditions. South Carolina permits notaries to perform marriages in certain circumstances, though the rules are narrow.
A few other states have limited provisions — for example, some allow it only in emergencies or only for specific groups. The rules change, and they vary significantly from state to state. If you live in one of these states and are considering a notary for your ceremony, contact your state's notary office or your county clerk to confirm the current rules and any paperwork you will need.
What notaries cannot do in most states
In the 47 states where notaries cannot perform marriages, they also cannot sign the marriage license as the officiant. A notary can witness your signature on a marriage license, but that is different from being the person who performs the ceremony and legally marries you. The person who signs the license as the officiant is the one who makes the marriage legal.
If a notary signs the marriage license as the officiant in a state where they are not authorized to do so, the marriage may not be valid. This can create serious problems later — your marriage might not be recognized for tax purposes, insurance, inheritance, or other legal matters. Always check with your county clerk before assuming a notary can fill this role.
Who can legally perform marriages in your state
In most states, the people authorized to perform marriages are judges, justices of the peace, clergy members (priests, ministers, rabbis, imams, and others), and people who have been ordained or licensed as marriage officiants. Some states allow anyone to become a marriage officiant through an online ordination, though the rules about which organizations count vary. Your county clerk's office can tell you exactly who is authorized in your area and what paperwork they need to complete.
If you want a specific person to marry you — a friend, family member, or someone from your faith community — ask your county clerk whether that person can become authorized. Many states have a straightforward process for temporary ordination or one-time authorization. This is usually faster and cheaper than hiring a judge or justice of the peace.
How to find an authorized officiant
Start by calling your county clerk's office and asking for a list of authorized marriage officiants in your area. They can tell you who is may have access to and what paperwork you need. Many clerks' offices have a list of judges and justices of the peace who perform ceremonies, along with their contact information and fees.
If you want someone specific to marry you, ask the clerk whether that person can be ordained or authorized for your ceremony. Some states allow temporary ordination through recognized religious organizations, and some allow one-time authorization for a specific marriage. The clerk can tell you what paperwork that person needs to submit and how long it takes.
You can also search online for "marriage officiants near me" or "wedding officiants [your state]" to find people who are already licensed. Many officiants advertise their services and can tell you their fees and availability. Always verify with your county clerk that the person you choose is actually authorized before you book them.
What happens if you use an unauthorized person to marry you
If someone who is not authorized performs your marriage ceremony and signs the marriage license, your marriage may not be legal. This can cause problems when you try to file taxes jointly, add a spouse to your insurance, claim inheritance rights, or divorce. Some states have rules that recognize marriages performed by unauthorized people if both parties believed the person was authorized, but this is not may provide.
The safest approach is to confirm with your county clerk that the person performing your ceremony is actually authorized before the wedding. It takes five minutes and can save you years of legal headaches. If you have already had a ceremony and are unsure whether it was legal, contact your county clerk with the name of the person who performed it and the date. They can tell you whether your marriage is recognized.
The difference between witnessing and performing a marriage
A notary can witness your signature on documents, including a marriage license. Witnessing means the notary watches you sign and stamps the document to confirm they saw you do it. This is not the same as performing a marriage. The person who performs the marriage is the one who conducts the ceremony, says the words that make you married, and signs the license as the officiant.
Think of it this way: a notary might stamp your marriage license after you sign it, but they are not the person who makes the marriage legal. That is the officiant's job. In the states where notaries can perform marriages, they are authorized to do both — witness the license and perform the ceremony. In other states, they can only do the witnessing part.
Frequently Asked Questions
Can a notary sign a marriage license as the officiant?
Only in Maine, Montana, South Carolina, and a few other states with specific rules. In most states, a notary can witness your signature on the license but cannot sign as the officiant. Contact your county clerk to find out what is allowed where you live.
What if I want my friend to marry us?
Many states allow friends and family members to become authorized officiants through ordination or one-time authorization. Call your county clerk and ask whether your friend can be ordained or licensed for your ceremony. The process is usually straightforward and takes a few weeks.
Is an online ordination valid for marriage?
It depends on your state. Some states recognize ordinations from certain online organizations, and some do not. Your county clerk can tell you which organizations are accepted in your area. Always check before you book someone who is ordained online.
What if the person who married us was not authorized?
Your marriage may not be legal. Contact your county clerk with the name of the person who performed the ceremony and the date. They can tell you whether your marriage is recognized and what steps you might need to take.
How much does it cost to have a judge marry us?
Fees vary by state and county, ranging from about fifty dollars to several hundred dollars. Call your county clerk's office or your local courthouse to ask about fees and availability. Some judges perform ceremonies for free or at a reduced cost in certain situations.