Notaries cannot perform marriages in most states, even though they are authorized to witness and certify documents
A notary public's job is to verify that a person signing a document is who they claim to be, and to certify that the signature is genuine. Marriage is not a document that needs notarization—it is a legal status created by a licensed official. In nearly all states, only a judge, magistrate, or clergy member ordained under state law can perform a marriage ceremony and make it legally binding.
The confusion often arises because notaries are trusted officials who work with legal paperwork. But notarization and marriage solemnization are completely separate powers. A notary stamp on a marriage license does not make the marriage legal. Only the person who performs the ceremony—and is authorized by the state to do so—can create that legal bond.
Key Takeaways
- Notaries in all 50 states are prohibited from performing marriages unless they also hold a separate license as a judge, magistrate, or ordained clergy member.
- A marriage performed by a notary acting only in their notary capacity is not legally valid, even if the notary is otherwise trustworthy or experienced.
- Some states allow judges and magistrates to perform marriages, and some of those officials may also be notaries, but the marriage power comes from their judicial role, not their notary status.
- If you need someone to perform your marriage, you must contact a judge, magistrate, justice of the peace, or ordained clergy member in your state.
The difference between notarization and marriage solemnization
Notarization is an authentication service. A notary checks your ID, watches you sign a document, and stamps it to prove the signature happened in front of a neutral witness. The notary is certifying a fact: that you signed this paper on this date. Notarization does not create legal rights or obligations—it only proves the signature is real.
Marriage solemnization is the act of performing a marriage ceremony and filing the paperwork that makes two people legally married. This is a governmental power that only certain officials hold. The person who performs the ceremony must be authorized by state law to do so. That authorization comes from being a judge, magistrate, justice of the peace, or ordained clergy member—not from being a notary.
Even if a notary were present at a wedding and stamped the marriage license, the stamp would not make the marriage legal. The marriage is legal only because the person who performed the ceremony had the state authority to do so.
Which officials can legally perform marriages in your state
Every state allows judges and magistrates to perform marriages. Many states also allow justices of the peace to do so. Most states recognize ordained clergy members—priests, ministers, rabbis, and imams—as long as they are ordained under state law or by a recognized religious organization.
Some states have additional categories. A few states allow ship captains to perform marriages at sea. Some recognize notaries who are also ordained clergy members, but only because of the clergy status, not the notary status. A handful of states have experimented with allowing certain other officials, but this is rare and varies widely.
The safest approach is to contact your county clerk or your state's vital records office and ask who is authorized to perform marriages in your area. They can give you a list of judges, magistrates, and clergy members who are registered to perform ceremonies. Many county clerk offices also maintain lists of available officials who perform marriages for a fee.
What happens if a notary performs a marriage ceremony
If a notary performs a marriage ceremony without holding a separate license to do so, the marriage is not legally valid. This means you would not be recognized as married for tax purposes, inheritance, insurance, hospital visitation, or any other legal matter. If you later tried to divorce, the court might not recognize the marriage as having existed in the first place.
This is not a gray area or a technicality that can be fixed later. A marriage performed by someone without authority is void from the start. If you discover after the fact that the person who married you was not authorized to do so, you would need to have a legal marriage ceremony performed by an authorized official to establish the marriage in the eyes of the law.
Some couples have discovered this problem years later when they tried to file taxes jointly, add a spouse to insurance, or handle inheritance. The solution is always the same: have an authorized official perform the ceremony again, even if you have been living as a married couple for years.
How to find an authorized official to perform your marriage
Start by calling your county clerk's office. They maintain lists of judges, magistrates, and justices of the peace who perform marriages, and they can tell you the typical fee and how to schedule. Many charge between $50 and $200, though this varies by location and whether the official is performing the ceremony in a courthouse or elsewhere.
If you want a clergy member to perform the ceremony, contact the religious organization directly. They can tell you whether the clergy member is registered with the state and what their process is. Some religious organizations have their own requirements about who can be married and what paperwork is needed.
You can also search your state's vital records office website. Most states publish lists of authorized officials or explain how to find them. Some states allow you to search by county or by the type of official you prefer.
What a notary can do with marriage paperwork
A notary cannot perform the marriage, but a notary can help with the paperwork after the marriage is performed. For example, if you need to notarize a certified copy of your marriage certificate, a notary can do that. If you need a signature on a document notarized and that document happens to mention your spouse, the notary can notarize it.
Some couples ask a notary to witness their signatures on a marriage license before they take it to an authorized official. A notary can do this, but it is not necessary—the authorized official who performs the ceremony will handle the license. Having a notary witness it does not add any legal weight and may actually cause confusion.
Frequently Asked Questions
Can a notary who is also a judge or clergy member perform a marriage?
Yes, but only because of the judge or clergy status, not because of the notary status. A person can hold multiple licenses and roles. If someone is both a notary and an ordained minister, they can perform a marriage in their capacity as a minister. The notary credential is separate and not needed for the marriage to be legal.
What if I had a notary perform my marriage years ago and did not know it was invalid?
You should have a legal marriage ceremony performed by an authorized official as soon as possible. Contact your county clerk to find a judge, magistrate, or clergy member. You can have a straightforward ceremony with just the two of you and the official present. Once the legal marriage is recorded, you are protected for all legal purposes going forward.
Is there any state where notaries can perform marriages?
No. All 50 states restrict marriage solemnization to judges, magistrates, justices of the peace, or ordained clergy members. A notary public cannot perform a legally binding marriage in any state, even if they have extensive experience or special training.
Can I get married without a ceremony if I have a notarized document?
No. A notarized document cannot create a marriage. You must have an authorized official perform a ceremony and file the marriage license with your county. Some states allow very straightforward ceremonies—just you, your partner, the official, and possibly one witness—but an authorized official must be present and must perform the ceremony.
What if the person who married us said they were authorized but we are not sure?
Contact your county clerk and give them the name of the person who performed the ceremony. They can tell you whether that person is registered as authorized to perform marriages. If they are not, you should have another ceremony performed by someone who is registered. It is better to be certain than to discover years later that your marriage is not legally valid.