What are the Legal Requirements for Marriage in the United States?

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While most wedding preparations are popularly focused on the spectacle of the event, the legal requirements for marriage are perhaps the main hurdle; after all, if they are not met, there can not be a marriage. Marriage laws vary among countries, and even in the United States, between states. Still, several legal requirements for marriage are universally required in the US before a couple can be legally recognized.

The United States requires marriage licenses primarily in the interest of social welfare — to prevent disease and illegal marriages, like that between nuclear family members. Accurate state records are another benefit. When applying for a marriage license, both parties must be present and provide proper photo identification, evidence that neither party is currently married, and they, of course, must give their consent to the marriage.

All states require that a marriage license be obtained before the wedding ceremony, usually requiring between one and six days before the actual ceremony. The license must be signed by the couple and an officiator, although some states require the signature of one or more witnesses. In order to qualify for the license, the married party must meet requirements set by the state issuing the license.

Another of the legal requirements for marriage has to do with age. Generally, marriageable age differs from state to state, but most states require both parties to be at least 18 years old. Nebraska requires both parties to be at least 19 years old. Younger parties can also obtain a marriage license with parental consent in all states. Most states place the age requirement for parental consent at age 16; however, several states will grant marriage licenses to those younger than 16 given both parental and judicial consent.

Blood testing is yet another of the legal requirements for marriage, at least in some states. This law was created to protect against sexually transmitted diseases, such as syphilis. Currently, Mississippi, Michigan, and Washington, D.C. all require a blood test before obtaining a marriage license. However, most states will accept other proof instead.

In order for the marriage to be legally valid, it must be performed by a authorized person, such as an accredited religious leader or a judge, and it must be conducted in front of at least one witness. A civil ceremony may be held instead of a religious ceremony; civil ceremonies may be presided over by a government official or judge as opposed to a minister or rabbi. Some civil ceremonies require the signature of at least one witness. The officiator of the ceremony is required to send a copy of the marriage license to the state agency for their marriage records. Failure to do so makes the marriage harder to prove. If the parties are married outside of the state or overseas, the state will recognize the marriage so long as it is valid in the jurisdiction it took place.

Since the legal requirements for marriage varies by state, you should check beforehand the requirements that apply to you.

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Written by Laura Martinelli


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