A notary public cannot marry someone in most U.S. states
A notary public's job is to witness signatures, verify identities, and stamp documents. Marriage is not part of that role. In all but a handful of states, a notary has no legal power to perform a marriage ceremony, even if they want to. If you need someone to marry you, you need an officiant—a person licensed or ordained specifically to solemnize marriages. That is a different credential entirely.
The confusion happens because notaries are official government representatives. But their authority is narrow and specific. A notary cannot marry you any more than a notary can issue a driver's license or perform a baptism. Each of those requires a different legal permission.
Key Takeaways
- Notaries cannot perform marriages in 48 states; only Maine and South Carolina allow notaries to marry people under specific conditions.
- To marry someone legally, you need an officiant—a judge, clergy member, or someone ordained or licensed to solemnize marriages in your state.
- Some states allow non-religious officiants to marry people after they complete a brief online ordination through organizations like the Universal Life Church.
- Your state's marriage laws determine who can officiate; requirements vary by state and sometimes by county.
The two states where notaries can marry people
Maine allows a notary public to perform a marriage ceremony, but only if the notary is also a justice of the peace or a clerk of court. The notary's notary credential alone is not enough. The person must hold both titles at the same time.
South Carolina permits a notary public to perform marriages, but again with a condition: the notary must also be commissioned as a "notary public for solemnizing marriages." This is a separate commission from a standard notary public commission. You cannot assume a South Carolina notary can marry you without asking whether they hold this additional credential.
Even in these two states, the notary must follow the state's marriage laws—obtaining a marriage license beforehand, having witnesses present if required, and completing the proper paperwork. The notary's stamp does not replace these steps; it supplements them.
Who can legally marry someone in your state
The people who can perform marriages vary by state, but the most common categories are judges, justices of the peace, clergy members (priests, ministers, rabbis, imams), and people ordained through religious or secular organizations. Some states recognize only clergy. Others accept any person ordained through a legitimate ordination body, including online ordination services.
A few states require the officiant to be registered with the county clerk before the wedding. Others do not. Some states require witnesses; others do not. The safest approach is to contact your county clerk or your state's vital records office and ask: "Who can legally perform a marriage in this county?" They will give you the exact list for your location.
If you are planning a wedding and do not have an officiant yet, your options usually include asking a judge or justice of the peace (many perform marriages for a small fee), contacting a religious organization if you have one, or ordaining someone through an organization like the Universal Life Church, which offers online ordination in most states. That person can then legally marry you, provided your state recognizes that ordination body.
Why notaries are not trained to marry people
A notary public receives training in document authentication, identity verification, and the proper use of a notary seal. They learn how to witness a signature correctly and how to keep a notary journal. They do not learn marriage law, the legal requirements for a valid marriage, or how to complete marriage certificates.
An officiant, by contrast, learns the marriage laws of their state, the steps required to create a legally binding marriage, and how to complete and file the marriage certificate correctly. These are different skill sets. A notary could theoretically memorize marriage law on their own, but the state does not require it and does not assume they have done so.
What happens if a notary marries you illegally
If a notary public performs a marriage in a state where they have no authority to do so, the marriage may not be legally valid. This means the marriage certificate could be rejected by government agencies, employers, or insurance companies. You might later discover that you were never legally married, which creates problems if you need to divorce, claim spousal benefits, or establish custody of children.
Some states have "common law marriage" rules that can protect you even if the ceremony was performed by someone without authority, but these rules are narrow and vary widely. Do not rely on them. Before your wedding, confirm with your county clerk that the person performing the ceremony has the legal power to do so in your state.
How to find a legal officiant in your area
Start by contacting your county clerk's office or your state's vital records office. Tell them you need to know who can legally perform a marriage in your county. They will give you a list of acceptable officiants or point you to the state law that defines who qualifies.
If you want a friend or family member to marry you, ask the clerk whether your state recognizes online ordination. If it does, your friend can be ordained through an organization like the Universal Life Church, the American Marriage Ministries, or similar groups. The process usually takes minutes and costs little or nothing. Once ordained, your friend can legally perform your marriage—but only if your state recognizes that ordination body. The clerk can tell you which ones your state accepts.
If you want a religious ceremony, contact a clergy member from your faith tradition. If you want a secular ceremony, a judge or justice of the peace is often the simplest option. Many perform marriages for a fee between $50 and $200, and they handle all the paperwork correctly because they do it regularly.
Frequently Asked Questions
Can a notary witness my marriage ceremony?
Yes. A notary can witness your signature on a marriage license or other marriage-related documents. But witnessing a document is different from performing the ceremony. The person who performs the ceremony must be an officiant. The notary's role is to verify that you signed the document and that you are who you say you are.
What if I get married by a notary and later find out it was illegal?
Contact your county clerk when ready. Depending on your state's laws, you may be able to have the marriage validated retroactively, or you may need to have a second ceremony performed by a legal officiant. Do not wait; the sooner you address it, the fewer complications you will face.
Can I become a notary and an officiant at the same time?
Yes. The two credentials are separate, but you can hold both. Becoming a notary involves explore through your state and passing a test. Becoming an officiant depends on your state's rules—you might be ordained through a religious organization, ordained online, or appointed by a judge. Check your state's requirements for each credential separately.
Do I need a marriage license before the ceremony?
In all 50 states, yes. You must obtain a marriage license from your county clerk before the ceremony takes place. The officiant will sign it during or after the ceremony, and you or the officiant will file it with the clerk. Without a license, the ceremony has no legal effect, regardless of who performs it.
What if my state does not recognize online ordination?
Then your friend cannot legally marry you through an online ordination service. Your options are to use a judge, justice of the peace, or clergy member from a recognized religious organization. Contact your county clerk to ask which ordination bodies, if any, your state recognizes.