A notary cannot perform a marriage ceremony in any U.S. state
A notary public is authorized to witness signatures, verify identities, and certify documents — but performing marriages is not part of that role. Only people with a specific license to solemnize marriages can legally conduct wedding ceremonies. In most states, that means a judge, magistrate, minister, rabbi, or other clergy member who has registered with the state.
If you are planning a wedding and looking for someone to perform the ceremony, a notary cannot do it, even if they are also ordained or have religious credentials. The two roles are separate under state law, and a notary's stamp carries no authority to marry people.
Key Takeaways
- Notaries cannot perform marriages in any U.S. state, regardless of their other credentials or training.
- Only people licensed to solemnize marriages — such as judges, magistrates, and ordained clergy — can legally conduct wedding ceremonies.
- A notary's authority is limited to witnessing signatures, verifying identity, and certifying documents.
- If a notary performs a marriage ceremony without the proper license, the marriage may not be legally valid.
Who can legally perform a marriage ceremony
Each state sets its own rules about who can solemnize a marriage. In most states, the list includes judges, magistrates, justices of the peace, and ordained or licensed clergy members. Some states also allow notaries public to perform marriages, but only if they have obtained a separate marriage solemnization license or registered as an officiant — this is not automatic and requires a distinct process process.
Even in states that permit notaries to marry people, the notary must first register with the county clerk or state authority and meet any training or background check requirements. straightforward being a notary does not grant this power. You would need to check your state's specific rules and explore separately if you want to become authorized to perform marriages.
What happens if a notary performs a marriage without authorization
If a notary conducts a wedding ceremony without a marriage solemnization license, the marriage may be invalid. The couple could face problems later when trying to file taxes jointly, claim spousal benefits, or prove the marriage in court. Some states have "common law marriage" rules that might protect the couple in certain situations, but relying on that is risky and varies widely by state.
The notary themselves could also face penalties, including fines or suspension of their notary commission. It is not worth the legal exposure for either party.
How to find someone authorized to perform your wedding
Start by contacting your county clerk's office or the vital records department in your state. They can tell you which types of officials are authorized to solemnize marriages in your area and may provide a list of available judges, magistrates, or registered officiants. Many counties maintain a registry of people licensed to perform marriages.
You can also reach out to religious organizations, wedding planners, or online officiant directories that list people who are properly licensed in your state. Before booking anyone, ask to see proof of their marriage solemnization license or registration. A legitimate officiant will have no problem providing this documentation.
States that allow notaries to perform marriages
A small number of states have laws allowing notaries to perform marriages if they meet additional requirements. These states include Maine, Montana, South Carolina, and a few others, but the rules differ. In Maine, for example, a notary can perform a marriage only if they are also a judge or clerk of court. In Montana, notaries can marry people, but they must follow specific procedures and keep records.
Even in these states, the notary must register or obtain explicit authorization before performing any ceremonies. The fact that someone is a notary in one of these states does not automatically mean they can marry people — they must take the extra step of becoming licensed to solemnize marriages. If you live in one of these states and want a notary to perform your wedding, contact your county clerk to confirm the notary's status and any requirements.
The difference between notarizing a marriage license and performing a ceremony
A notary can witness your signature on a marriage license process or other wedding-related documents. This is part of their normal notary duties and is completely separate from performing the ceremony itself. Notarizing a document means the notary verifies your identity and watches you sign — it does not give them the power to conduct the wedding.
Many couples need a notary to witness signatures on marriage license paperwork before they submit it to the county. This is a legitimate use of a notary's services and is different from asking the notary to be the officiant who marries you.
What to do if you need an officiant quickly
If you are planning a wedding on short notice, contact your local courthouse or county clerk when ready. Judges and magistrates often perform marriages and may have availability within days. Many charge a modest fee, usually between $50 and $200. Some religious organizations also perform ceremonies quickly if you meet their requirements.
Online officiant services exist in many states, but verify that anyone you hire is actually licensed in your state before paying them. Ask for their license number and confirm it with your county clerk. Do not assume that someone advertising as an "officiant" or "minister" online is legally authorized to marry people in your location.
Frequently Asked Questions
Can a notary notarize a marriage license?
Yes. A notary can witness your signature on a marriage license process or related documents as part of their standard notary duties. This is different from performing the ceremony. The notary verifies your identity and watches you sign, but this does not make them authorized to conduct the wedding itself.
What if I got married by a notary who was not licensed to perform marriages?
The marriage may not be legally valid. Contact your county clerk or a family law attorney when ready to understand your options. Some states have rules that protect marriages performed in good faith even if the officiant was not properly licensed, but this varies and is not may provide. You may need to have a licensed officiant perform a ceremony again to may support the marriage is valid.
Can an ordained minister who is also a notary perform a marriage?
Only if they are licensed to solemnize marriages in your state. Being ordained and being a notary are two separate credentials. An ordained minister can perform marriages in most states because of their ordination, not because of their notary status. Confirm with your county clerk that the person is registered as an authorized officiant before the ceremony.
How do I become a notary who can perform marriages?
First, become a notary public in your state by passing the exam and meeting your state's requirements. Then, check whether your state allows notaries to solemnize marriages. If it does, contact your county clerk about the additional registration or licensing process. Some states require training, background checks, or a separate process. The process and requirements vary by location.
Is it cheaper to have a notary perform a wedding instead of a judge?
A notary cannot perform a wedding unless they are separately licensed to do so. If your state allows it and the notary is properly licensed, costs are usually similar to hiring a judge or magistrate — typically $50 to $200. The savings, if any, are modest and should not be the reason to choose an officiant. Always prioritize that the person is legally authorized to perform marriages in your state.