If you have decided to finally tie the knot with your loved one, you must undergo a couple of vital steps in order for the US federal, state, and local government to recognize your matrimony. This generally involves obtaining a marriage license—a document issued by your local government that allows you to marry—and then getting formally declared spouses by an officiant—an authorized individual who can solemnize marriages.
The first step toward getting married is to file an application for a marriage license. In most states, this must generally be filed with the office of the County Clerk, although if you are in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, or Vermont, this application must be filed with the City Clerk. As you may know, county governments in New England are either non-existent or have very limited powers. In many jurisdiction, this application can be filed online.
State law varies on who is legally permitted to apply for a marriage license. Most states have legal prohibitions on marriage between close relatives, including New Jersey and Rhode Island (which allow sex between close family members). Laws vary considerably regarding the legality of marriage between first cousins, with states such as Alabama, California, Florida, Georgia, and New York allowing such marriage, while states such as Michigan, Pennsylvania, and Texas prohibit such marriages. US States generally do not require you to be a resident of that state to get married there. Also, while most states require both parties to be 18 to get married, some states, such as California, Mississippi, New Mexico, Oklahoma, and Washington, permit child marriages with parental consent and judicial approval.
Once you apply for your license, some states require betrothed lovers to wait for a certain period of time before they can actually receive the license. Many states, such as California, North Carolina, and Ohio, do not have a waiting period, but those that do, such as Florida (for residents only), New York, and Texas, generally have a waiting period of 1-3 days.
The actual marriage ceremony takes place when an individual authorized by the state declares the two individuals seeking matrimony spouses. That person is usually a judge, magistrate, or priest, although in some states, such as California, Colorado, Illinois, Kansas, Maine, Nevada, Pennsylvania, and Wisconsin, the individuals themselves can self-solemnize the marriage. In Florida, Maine, and South Carolina, notaries public can solemnize the marriage. State law also varies on the need for witnesses to be present at the marriage ceremony. For example, California and New York require at least one witness, while Michigan and North Carolina require two. In many states, such as Texas and Florida, witnesses are not required. It is worth noting that the officiant and witnesses must generally complete the marriage license by signing it.
Once the license has been duly completed and signed, and the officiant has solemnized the marriage (or the marriage was self-solemnized by the newlyweds), the license must be filed with the locality where it was issued. The marriage is then recorded with the state, which entails considerable legal and financial repercussions. In “community property” states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) property and income acquired during marriage is automatically deemed to equally belong to the spouses. Newlyweds can often receive a marriage certificate that confirms their matrimony.
Foreign jurisdictions generally recognize US marriages, although some countries do not recognize same-sex marriages (which have been legal in the United States a federal level since 2015). However, most of the time, in order to be able to use your marriage certificate, it must first be duly legalized by obtaining an apostille (for Apostille Convention countries) or chain legalization (state and federal authentication followed by embassy/consular legalization). Some jurisdictions , such as Westchester County, New York, require the signature of the responsible official on the certificate to be printed within a certain time-frame, so you would need to obtain a certified copy of the marriage certificate if that time period has already expired. In addition, some states require the marriage certificate to contain certain signatures or to be of “long form”.
The map below shows the jurisdiction where marriage records are stored. States in BLUE have marriage records stored at the state and municipal level; States in GREEN have marriage records stored at the state and county level; States in RED have marriage records stored only at the county level. Worth noting is the fact that New York City marriage records can only be obtained from the city. Also, the State of Louisiana stores marriage records only for marriages registered in Orleans parish, so individuals who registered their marriage in a different parish must apply in that respective parish.
A&M Logos International specializes in the retrieval and legalization of marriage certificates, vital records, and other documents. Call us today if you have questions about registering your marriage, if you are marrying abroad and need help gathering all required documents, as well as if you need your US marriage recognized in a foreign country. You can reach us at (212) 233-7061 or by e-mail at info@apostille.us. You may also wish to apply on our website