Why do you need a marriage license?

Asked by: Jayson Heaney  |  Last update: March 6, 2025
Score: 5/5 (1 votes)

Whether you are planning a civil marriage ceremony or a religious one, a marriage license is a permit to get married in a particular location and a legal document for public records stating that you and your partner are free and eligible to marry one another.

Why does the US require a marriage license?

The purpose of obtaining a marriage license is to legalize the marriage and serve as a legal permit. If your original marriage license is lost, you can apply for a duplicate one as legal evidence.

Why would someone need a marriage certificate?

A marriage certificate may be required for a number of reasons. It may be required as evidence of change of a party's name, on issues of legitimacy of a child, during divorce proceedings, or as part of a genealogical history, besides other purposes.

Why is a license required for marriage?

It helps protect people from entering illegal marriages, like if someone is already married. In the past, it also served a public health purpose. Certain combinations of blood types posed health risks to the unborn child, so marriage licenses required blood tests to make the couple aware.

What happens if you get married without a license in the USA?

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.

Never Get A Marriage License Here's Why

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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 to a marriage that is not registered?

After the ceremony, the couple must file the completed license with the issuing clerk and, within 15 days, they will receive a Certificate of Marriage. If a license is not filed, there is no legal marriage. If there is no legal marriage, the couple is not eligible to file for divorce.

When did a marriage license become necessary?

Marriage license application records from government authorities are widely available starting from the mid-19th century. Some are available dating from the 17th century in colonial America. Marriage licenses have been required since 1639 in Massachusetts, with their use gradually expanding to other jurisdictions.

Do all states require a marriage license?

Nearly every state requires a marriage license except those recognizing common law marriages. A common law marriage is a legally recognized union that does not require a marriage license or formal ceremony.

Can a marriage license be denied?

While Colette and John's case is both extreme and unique, the denial of a marriage license is a very real possibility. Although marriage license laws vary widely from state to state, all states require a couple to obtain a marriage license in order to have a valid union.

Why would my ex-wife need our marriage license?

It is imperative to keep your marriage certificate as you may be eligible to claim your former spouse's benefits. If you were married for 10 years or longer, you will likely receive Social Security benefits based on your former spouse's record.

What is the meaning of marriage license?

While your ceremony and reception will certainly be the most memorable parts of your wedding day, if you want your union to be legally recognized, the most important elements are signing your marriage license—a legal document that a couple obtains before getting married—and receiving a marriage certificate.

What are the proof of marriage other than marriage certificate?

Strong evidence: Joint bank account, life insurance, wills, joint leases, joint utilities. Medium evidence: Joint travel itineraries, split utilities, text messages, phone logs. Weaker evidence: Cards, affidavits from friends/family, single travel itineraries, tickets to shows.

Why do you need to be legally married?

Generally, married couples have more legal rights than unmarried couples. Legal rights for married couples may include entitlement to a share of each other's estate, exemption from testifying against each other in court, being named next of kin, tax benefits, and entitlements after a divorce.

What makes a marriage invalid in the US?

In the eyes of the law, marriages involving blood relatives cannot exist, regardless of the legitimacy of the relationship. Bigamy (void). The state voids any marriages that take place if one party is already legally married, unless: The marriage was dissolved or nullified before the second marriage took place.

What are the four requirements to be legally married in the US?

That criteria includes: age, mental capacity, single (not currently married), and not closely related to your future spouse. In most states, the legal age to be married is 18 years old. Usually an individual who is at least 16 years old, however, may get married with parental consent.

Is a marriage certificate necessary?

Marriage Certificate. These two official documents are both required in order to be legally married.

What is the purpose of the blood test for marriage?

About Test: Premarital screening is designed for soon to be married couples who want to check for common blood disorders and infectious diseases (e.g. hepatitis B, hepatitis C, and HIV). For males, this screening also covers possible fertility issues.

Are sham marriages illegal?

A marriage that is solely for purposes of obtaining legal residence is considered a sham, and is a crime in the United States for both participants. Many of the arrangements are simple transactions between two individuals, often in exchange for money paid to the legal resident.

Why did marriage become a legal thing?

Most ancient societies needed a secure environment for the perpetuation of the species, a system of rules to handle the granting of property rights, and the protection of bloodlines, and the institution of marriage handled these needs.

Do all 50 states require a marriage license?

The 50 states in the United States are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New ...

Can you have more than one marriage license?

The officiant usually files the certificate after the marriage ceremony, and the couple gets a certified copy. So, let the first license expire (check the expiration window for your area) and then get a 2nd one for the woman you want to marry!

What happens if you never file your marriage license?

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 do you end a marriage if it is not registered?

To divorce your spouse, you must show the court that the marriage has broken down irretrievably and reached such a state of disintegration that there is no reasonable prospect of the restoration a normal marriage.

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.