Can I Get Married in Another State? What You Need to Know
Learn how marriage laws vary by state and what steps ensure your out-of-state wedding is legally recognized.
Couples planning weddings often look beyond their home state, perhaps seeking a scenic destination, a location convenient for family, or different marriage laws. While marrying in another state is generally permissible throughout the United States, navigating the specific legal and procedural requirements is essential to ensure the marriage is valid. Understanding these rules beforehand can prevent potential complications.
Residency Rules
Most states do not require couples to be residents to marry there. This flexibility allows for destination weddings or ceremonies in neighboring states without needing to establish legal residency. Typically, a marriage license can be obtained in any county within the state where the ceremony will occur, regardless of where the applicants live. However, a marriage license issued by one state is valid only for ceremonies performed within that state’s borders; it cannot be used for a wedding in a different state.
License Application Requirements
Obtaining a marriage license in the state where the ceremony will be held is a critical step. Both individuals usually must apply together, often in person at a county clerk or similar government office, presenting valid government-issued photo identification (like a driver’s license or passport) to prove identity and age. The minimum age is typically 18, though exceptions for younger individuals may exist with parental consent or court approval, varying significantly by state.1Tahirih Justice Center. State Statutory Compilation on Minimum Marriage Age
Applicants must affirm under oath that there are no legal impediments to their marriage. If either person was previously married, details about the termination of all prior marriages (divorce, annulment, or death), including the date and former spouse’s name, are required. Some offices may ask for certified copies of divorce decrees or death certificates. Any previous marriage must be legally dissolved before applying for a new license.
Other common requirements include providing Social Security numbers, paying a non-refundable application fee, and observing potential waiting periods—often 24 to 72 hours—between license issuance and when the ceremony can legally occur. Marriage licenses also expire, typically after 60 or 90 days, meaning the wedding must take place within that timeframe.
Authorized Officiants
State laws specify who is authorized to officiate, or “solemnize,” a marriage ceremony, a requirement for the union to be legally binding. Authorized individuals generally include judicial officers (like judges and magistrates) and recognized religious leaders (such as ministers, priests, rabbis, or imams ordained by their denominations). Some states require religious officiants to register with a government office.
The legality of officiants ordained online varies considerably by state and sometimes county.2National Association of Christian Ministers. State Law Requirements for Wedding Officiants While many jurisdictions recognize online ordinations, others impose restrictions or do not accept them, potentially requiring officiants to belong to a physical congregation or obtain temporary authorization. Couples are responsible for verifying that their chosen officiant is legally permitted to perform a marriage in the specific location of the ceremony, as using an unauthorized officiant could affect the marriage’s validity.
Documentation Filing
After the ceremony, the completed marriage license, signed by the couple, the officiant, and any required witnesses, must be returned to the government office that issued it (usually the county clerk or recorder). This step officially records the marriage. The officiant is typically responsible for submitting the license within a legally mandated timeframe, often ranging from 10 to 60 days after the wedding, depending on the state. Failure to meet this deadline can delay the official registration.
Once the issuing office receives and records the completed license, the marriage is legally registered in the state’s vital records. The couple usually needs to request certified copies of the marriage certificate, which serve as official proof of marriage for name changes, insurance, taxes, and other administrative purposes. Obtaining these copies typically requires a separate application and fee paid to the recording office.
Recognition by Other Jurisdictions
A marriage legally performed according to the laws of one state is generally recognized as valid throughout the United States. This principle ensures that a couple’s marital status remains consistent if they travel or move to another state. This broad acceptance is rooted in the U.S. Constitution’s Full Faith and Credit Clause (Article IV, Section 1), which requires states to respect the public acts and records of other states, supported by legal principles of comity.3Congress.gov | Library of Congress. U.S. Constitution – Article IV
The governing rule is often lex loci celebrationis — Latin for “the law of the place where the ceremony occurred.”4UC Hastings Constitutional Law Quarterly. Something to Lex Loci Celebrationis: Federal Marriage Benefits Following United States v. Windsor This means the validity of a marriage is determined by the laws of the state where it was performed. If the marriage met all requirements of that state, other states typically recognize it, even if their own marriage laws differ.
The U.S. Supreme Court affirmed the requirement for interstate recognition in Obergefell v. Hodges (2015).5Justia U.S. Supreme Court Center. Obergefell v. Hodges, 576 U.S. 644 (2015) While focused on same-sex marriage, the ruling established a constitutional mandate for all states to license and recognize lawful marriages from other states. Consequently, if a marriage complies with the laws of the state where the ceremony takes place, it will be legally recognized by the couple’s home state and all other U.S. jurisdictions.