What happens if you have a wedding without a marriage license?

Asked by: Lori Renner  |  Last update: May 6, 2025
Score: 5/5 (54 votes)

The answer is the couple cannot be legally married without a marriage license present. If the Officiant performs the wedding ceremony without a valid marriage license they have committed a misdemeanor. So what can be done? The couple will have to have a commitment ceremony in this case.

Can you have a marriage ceremony without being legally married?

The short answers are: yes, elopements are very, very real and no, you cannot legally get married without a marriage license. But (yes, there's a but!) you can have a marriage ceremony in which the two of you commit your lives to one another called a commitment ceremony.

Can you have a wedding without it being official?

Yes you can get legally married without a ceremony. However, you are required, by law to say certain basic vows at the time. They just involve saying the full legal name of the person you are marrying and stating that they will be your legal spouse.

Can you be married without a license in the US?

All states require a marriage license just like with a traditional wedding ceremony unless you are having a commitment ceremony.

What is more important, a marriage license or a marriage certificate?

Simply put, "the difference between a marriage license and a marriage certificate is that the license proves that you are legally allowed to marry, and the marriage certificate confirms that you did legally marry," Wooten says.

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What happens to a marriage that is not registered?

In most cases, you are still considered married without registering the license. For example, California law requires the officiant to return the marriage license to the county clerk or recorder within 10 days of the ceremony. If, for some reason, this does not happen, you are still married.

How can I prove my marriage without a certificate?

Marriage Affidavits from Relatives, Friends and Others as Proof of Marriage. Marriage affidavits submitted by (in order of importance) parents, siblings, extended family members, friends, and other persons who attended a couple's wedding, can help prove the existence of the couple's marriage.

What is it called when you get married without a marriage license?

A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant. In the United States, common-law marriage is allowed in several states.

What happens if your marriage license is not recorded?

Published case law from the Court of Appeal holds that a marriage was valid at time of solemnization, even though the parties failed to register the marriage certificate. The Court of Appeal held in In re Marriage of Cantarella (2011) 191 Cal. App. 4th 916, 119 Cal.

What is eloping marriage?

Eloping means that you forego a formal wedding and instead, choose to elope for the ceremony. It doesn't necessarily mean that you secretly run away with your partner without telling anyone. This is the notion some people still have when they hear about elopements.

Can you have a wedding ceremony after being legally married?

If you're already legally married, though, it gives you and your officiant full flexibility to write a ceremony however you want. Nothing has to be included or said in a certain way. There are no worries that it was legit.

What is it called when you get married but don't have a wedding?

Elopements, by their very nature, are the rebellious way of saying “no” to all of the wedding industry's archaic rules and expectations. They focus on the experience of the engaged couple and not on the experience of a room full of guests.

Are unofficial marriages legal?

Although these interpersonal relationships are often called "common-law marriage", they differ from its original meaning in that they are not legally recognized as "marriages", but may be a parallel interpersonal status such as a "domestic partnership", "registered partnership", "common law partner" "conjugal union", ...

What happens if you don't get legally married?

Many states in America do not formally recognize common-law marriages. If you're in a relationship that exists without legal recognition, it's likely you'll either have limited or no rights in relation to your spouse.

Can you get married and not file it?

A common law marriage does not actually require you to file anything with the state. If you tell the community you are married, call each other husband or wife, live together for a certain number of years, and use the same last name, you can have a common law marriage.

Can you have a wedding ceremony before marriage license?

Your question isn't as easy to answer as my colleagues seem to think. True, you can't be married under California State law without a marriage license being taken out, signed by the officiating person (who has to have the authority to perform marriages), and returned to the county clerk.

What voids a marriage license?

Void marriages (i.e., those that are never valid) are those that are incestuous or bigamous. Under California Family Code § 2200, a marriage is incestuous if it is between parents and children, ancestors and descendants of every degree, siblings and half-siblings, and uncles or aunts and nieces and nephews.

Are you legally married when you say "I do"?

It's considered a legal and personal commitment. For a marriage to be legal, it must meet the following requirements: Both spouses must agree to it voluntarily. Neither spouse can currently be married to someone else.

What happens if you lose your marriage license before the wedding?

If your marriage license goes missing before the wedding, head back to the clerk's office where you filed for it to request a duplicate license. You may need to file an affidavit and be prepared to pay a fee. The process and fee will vary from state to state, as will the requirements about who can pick up the copy.

What are the disadvantages of a civil marriage?

The main disadvantages of a Civil Marriage are that it's not nearly as easy to terminate. You automatically accept specific rights and responsibilities as husband and wife when you marry. In a Civil Marriage, the married man and woman usually share the same residence.

Is it a sin to not be legally married?

Though we believe the Lord views you as a married couple already, nevertheless many church congregations might consider a couple living together absent a legal marriage to be living in sin. Therefore if possible, we recommend you gently persuade your husband to obtain a marriage license.

How to prove common law marriage?

Common-law marriage is an informal marriage, without a marriage license or certificate. Common law couples can use other documents, like an affidavit or property deed to prove their relationship.

How do I prove my marriage is legal?

Documents checklist for legal marriage
  1. Marriage certificate.
  2. Proof of identity.
  3. Social security cards.
  4. Record of earnings and contributions:
  5. Joint tax returns.
  6. Affidavit of support.
  7. Proof of shared property.

How do you check if you are married?

Look for a marriage certificate.

You can access vital records, including marriage records, online or in person at the courthouse of the city where the marriage was likely to occur, and you can usually see a copy for free or for a small fee.

Why get a confidential marriage license?

California offers a unique option for couples seeking privacy: the confidential marriage license. Unlike its public counterpart, this license shields personal information from public record. In the event, later, the couple chooses to end the marriage a divorce mediation process offers similar privacy.