How to Get a Marriage License Before Getting Married in the United States
Find where to apply for a marriage license before your wedding, what documents may be required, and how local fees, waiting periods and expiration rules work.
US United States
Family ~ 10 min read
10 FAQ
Updated 2026-09-08
Helpydo structures practical guidance around official or public sources. For individual cases, confirm requirements with the responsible institution.
There is no federal U.S. marriage license. Before getting married, contact the state or local government responsible for marriage licenses where the ceremony will take place, commonly a county, city or town clerk. A marriage license legally authorizes the marriage, while the marriage certificate is the record created after the ceremony. Requirements vary by jurisdiction and may include government-issued identification, proof of age, Social Security information, details about prior marriages and an application fee. Waiting periods and license validity also vary: USAGov says most marriage licenses expire within 30 days to one year. Some jurisdictions allow part or all of the application process online or remotely, while others require both applicants to appear in person. Check the issuing office's current rules before making wedding plans.
What you need
- Apply through the state or local marriage licensing authority for the place where you plan to marry.
- Complete the marriage-license application required by that jurisdiction.
- Provide the identification and proof-of-age documents required locally. A government-issued photo ID, passport or birth record may be requested depending on the jurisdiction.
- Provide Social Security information if required under the applicable state or local process.
- If either applicant was previously married, provide the date and manner in which the prior marriage ended and any divorce, annulment or death documentation the issuing office requires.
- Pay the state or local marriage-license fee, which varies by jurisdiction.
- Appear in person together if required. Some jurisdictions permit online or remote application steps, but there is no nationwide online marriage-license application.
- Meet all applicable state-law eligibility requirements, including age, legal capacity and restrictions on existing marriages or prohibited relationships.
Eligibility
Marriage eligibility is governed primarily by state law, not by a single federal marriage-license system. Both people must satisfy the requirements of the jurisdiction where they obtain the license and marry. These rules can address minimum age, consent for younger applicants, legal capacity, whether either person is already married, prohibited family relationships and required identification. Requirements for residency, previous marriages, witnesses, officiants, waiting periods and application appearances also vary. Applicants should verify the exact rules with the state, county, city or town office that will issue the license before scheduling the ceremony.
How to do it
- Choose where you will get married. Marriage-license rules are tied to state and local law, so identify the state and locality where the ceremony will take place.
- Find the correct licensing office. Contact the state vital-records authority or the county, city or town clerk identified by that state. USAGov and CDC provide official state-by-state routes to the appropriate authorities.
- Check eligibility and appointment rules. Verify age requirements, whether both applicants must appear, whether appointments are required, and whether any part of the process can be completed online or remotely.
- Gather the required documents. Bring the identification, proof of age, Social Security information and prior-marriage documentation required by the issuing jurisdiction.
- Submit the marriage-license application. Apply using the local office's authorized method and pay the current fee. There is no single national application form or federal fee.
- Observe any waiting period. Some jurisdictions allow a ceremony immediately after issuance, while others require applicants to wait. For example, New York generally requires 24 hours after issuance, Massachusetts has a three-day waiting period, and Texas generally requires 72 hours, subject to their respective exceptions.
- Use the license before it expires. USAGov states that most marriage licenses expire within 30 days to one year depending on the issuing state. Check the exact expiration date printed on your license.
- Give the license to the authorized officiant. Follow the jurisdiction's rules for who may perform the ceremony and whether witnesses are required.
- Make sure the completed record is returned. After the ceremony, the officiant or other responsible person generally completes and returns the marriage record to the issuing or recording office as required by local law.
- Order a certified marriage certificate separately if needed. The license authorizes the marriage; the certificate is the official record after the marriage has been registered.
There is no federal marriage-license office
A marriage license legally allows you to marry, but the federal government does not issue a nationwide marriage license. USAGov directs couples to contact the vital-records or appropriate local office in the state where they plan to marry.
The actual issuing authority depends on the jurisdiction. It may be a county clerk, city clerk, town clerk, probate office, court clerk or another designated local official.
CDC's National Center for Health Statistics maintains an official state-by-state directory for vital-records authorities. CDC also confirms that marriage records are maintained by state or local offices rather than a federal vital-records registry.
A marriage license is not the same as a marriage certificate
A marriage license authorizes the marriage. A marriage certificate is the record showing that the marriage actually occurred and was registered.
This distinction matters when searching government websites. Before the wedding, look for instructions to apply for a marriage license. After the ceremony, follow the separate process for obtaining a certified copy of the marriage record or certificate if you need one for legal, immigration, benefits, insurance or name-change purposes.
Start with the state where the ceremony will take place
Marriage-license rules usually depend on where the marriage will be solemnized. Start with the official government website for that state and follow its instructions to the county, city or town office responsible for issuing licenses.
Do not assume that your home county or current state of residence is automatically the correct place to apply. Some jurisdictions allow nonresidents to apply, while others impose specific location or filing rules.
What documents should you prepare?
There is no universal federal checklist. The issuing office determines what you must provide. Depending on the jurisdiction, applicants may need:
- Government-issued photo identification, such as a driver's license, state ID, passport or military ID.
- Proof of age, which may include a birth certificate or passport.
- Social Security number or related information when required.
- Current address and other identifying information.
- Information about previous marriages.
- A divorce decree, annulment judgment or former spouse's death information when required.
- Documentation required for a minor or other applicant subject to special consent rules.
California, for example, requires both parties applying for a regular marriage license to provide valid picture identification and states that some counties may also require birth certificates. California also requires applicants with a prior marriage to know when and how that marriage ended, with some counties requiring documentation.
Do both people have to appear at the clerk's office?
That depends on the jurisdiction. Some state and local processes require both applicants to appear before the clerk, while others authorize remote or virtual procedures in defined circumstances.
California law, for example, permits qualifying counties to use remote technology for marriage-license issuance under its statutory process. New York City allows couples to schedule either an in-person City Clerk appointment or a virtual appointment through its official Project Cupid system.
Because there is no single nationwide online application, verify the current method with the issuing office.
How much does a marriage license cost?
There is no national marriage-license fee. Fees vary by state and local issuing authority, and payment methods can differ as well.
For example, California's official 2026 statewide fee schedule establishes a $35 minimum fee for a public marriage license, while county charges can differ because additional locally authorized charges may apply. Massachusetts expressly states that marriage-license fees vary by city or town.
Always verify the current total directly with the office where you will apply rather than relying on a fee from another county or state.
Some states require you to wait after applying
Marriage waiting periods are not uniform nationwide. Depending on the jurisdiction, you may be able to marry immediately after receiving the license or you may have to wait.
Current official examples show how different the rules can be:
- New York: generally a 24-hour waiting period after the marriage license is issued, unless a judge grants a waiver.
- Massachusetts: generally a three-day waiting period after filing the notice of intention, with a court process available to seek a waiver.
- Texas: generally a 72-hour waiting period after issuance, with statutory exceptions.
These are examples only. Use the rule for the jurisdiction issuing your license.
Use the license before its expiration date
USAGov states that most marriage licenses expire within 30 days to one year, depending on the issuing state. If the license expires before the ceremony, you generally need to apply for another license.
For example, California marriage licenses are valid for 90 days. New York licenses are generally valid for 60 days, with a longer period for qualifying active military personnel. Massachusetts licenses are valid for 60 days.
The expiration date on your own license controls, so plan the application date around the wedding date.
What if one of you was married before?
A prior marriage does not automatically prevent a new marriage after the earlier marriage has legally ended. However, the licensing office may require details about the prior marriage and evidence showing how it ended.
Requirements differ. California, for example, tells applicants to know the date and method by which the last marriage ended and notes that some counties may require a copy of the final judgment following dissolution or nullity.
Do not guess an approximate divorce date if the application requires the exact date. Check your final court order or other official record before applying.
Minimum age and parental or court consent rules vary
There is no single federal minimum-age procedure for obtaining a state marriage license. State law controls whether a person below the ordinary age of majority can marry and what parental consent, judicial approval or other conditions apply.
If either applicant is under the standard adult age in the jurisdiction, contact the licensing office before making an appointment because additional documents and court procedures may be required or the marriage may not be permitted.
Check officiant and witness rules before the wedding
Getting the license is only the first legal step. The ceremony must also comply with the jurisdiction's rules governing who may solemnize a marriage and whether witnesses are required.
Authorized officiants differ by state. California, for example, identifies categories of religious officials, judges and designated public officials who may solemnize marriages. Other states have their own statutory lists.
Confirm the officiant's authority before the ceremony, especially when using an online-ordained officiant, out-of-state officiant or unusual ceremony format.
The completed marriage record must be returned for registration
After the ceremony, the person responsible under local law normally completes the marriage-license record and returns it to the issuing or recording authority.
The deadline is jurisdiction-specific. California, for example, requires the person solemnizing the marriage to return the original marriage license to the applicable County Clerk or County Recorder within 10 days after the ceremony.
Registration is important because it creates the official marriage record from which certified certificates can later be issued.
Marriage may lead to other document updates
If you plan to change your surname after marriage, check the rules before completing the license application. USAGov notes that marriage-related name-change procedures vary by state and that the marriage record may become evidence used to update government records.
If you later need documents for a child, related Helpydo procedures explain how to apply for a U.S. passport for a child under 16 and how to apply for a Consular Report of Birth Abroad when a child is born overseas.
Common mistakes before the wedding
- Assuming there is a federal or nationwide marriage-license application.
- Applying through the wrong county, city, town or state.
- Using an unofficial commercial website instead of the government licensing authority.
- Failing to bring the identification or prior-marriage documents required locally.
- Assuming both applicants can complete the entire process online without checking local appearance rules.
- Forgetting about a statutory waiting period before the ceremony.
- Applying too early and allowing the license to expire before the wedding.
- Assuming another state's fee, expiration period or officiant rule applies where you are marrying.
- Using an officiant without confirming that the person is legally authorized in the jurisdiction.
- Confusing the pre-wedding marriage license with the certified marriage certificate available after registration.
Frequently asked questions
Is there one U.S. marriage license that works in every state?
No. Marriage licenses are issued under state and local law. Apply through the government authority responsible for marriage licenses where you plan to marry.
How much does a marriage license cost in the United States?
There is no federal fee. The cost varies by state, county, city or town, so check the current fee with the office that will issue your license.
Can I apply for a marriage license online?
It depends on the jurisdiction. Some governments allow online or virtual application steps, while others require both applicants to appear in person. There is no nationwide online marriage-license application.
Do both people need to be present to get a marriage license?
Not everywhere, but many jurisdictions require both applicants to participate in person or through an authorized remote procedure. Check the issuing office's current rules.
How long is a marriage license valid?
USAGov states that most marriage licenses expire within 30 days to one year depending on the state. The exact expiration date and rules are set by the issuing jurisdiction.
Is there a waiting period after getting a marriage license?
Some jurisdictions have one and others do not. For example, New York generally requires 24 hours, Massachusetts generally requires three days, and Texas generally requires 72 hours, subject to their respective exceptions.
What documents do I need for a marriage license?
Requirements vary. The local authority may require government-issued photo identification, proof of age, Social Security information and documentation concerning prior marriages.
What if I was married before?
You may need to provide the date and manner in which the previous marriage ended and, in some jurisdictions, a divorce decree, annulment order or information about a former spouse's death.
What happens if my marriage license expires before the wedding?
USAGov advises that if a marriage license expires before you marry, you must apply for a new one. Any new fee and application requirements are determined by the issuing jurisdiction.
Is a marriage license the same as a marriage certificate?
No. A marriage license authorizes you to marry. A marriage certificate is the official record proving that the marriage took place after the completed record has been registered.
Official sources
USAGov - How to Get a Copy of a Marriage Certificate or Marriage LicenseUSAGov - How to Change Your Name and What Government Agencies to NotifyCDC National Center for Health Statistics - Where to Write for Vital RecordsCDC National Center for Health Statistics - Vital Records Application GuidelinesCalifornia Department of Public Health - Marriage License General InformationCalifornia Department of Public Health - Marriage License InformationCalifornia Department of Public Health - 2026 Vital Records Fee ScheduleNew York City - Marriage LicenseMassachusetts - Getting Married in Massachusetts Before the WeddingTexas Legislature - Family Code Chapter 2 Marriage RelationshipRelated procedures
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