Marriage Law Requirements: What You Need for a Valid Marriage
The moment you decide to marry someone, your heart races with excitement and dreams of a shared future. But before you walk down that aisle, the law has a few requirements you must satisfy to ensure your union is legally recognized. Marriage is not just a personal commitment — it is a legal contract with rights, protections, and obligations that the state oversees. Understanding these marriage law requirements can save you from the heartbreak of discovering your ceremony was not legally valid.
Every state in the United States has its own set of rules governing who can marry and how a marriage must be solemnized. While the specifics vary, the core requirements remain consistent across jurisdictions. You must obtain a marriage license from a county clerk or similar government office before your ceremony. This license typically costs between $30 and $115 and requires both parties to appear in person with valid photo identification. Some states impose a waiting period between applying for the license and receiving it, ranging from zero days in Nevada to three full days in Wisconsin.
Age of Consent and Parental Consent Requirements
The legal age to marry without parental permission is eighteen in nearly every state. However, many states allow minors to marry with judicial approval and parental consent. Nebraska sets the minimum age at nineteen, while Mississippi and California have no absolute minimum age with court approval. The trend across the country is toward eliminating child marriage entirely. As of 2025, at least fourteen states have set the minimum marriage age at eighteen with no exceptions, including Delaware, New Jersey, Pennsylvania, Minnesota, and Rhode Island.
Emancipated Minors and Marriage
Some states grant marriage rights to minors who have been legally emancipated. Emancipation confers adult legal status for marriage purposes. If you are an emancipated minor, you typically need only provide the court order of emancipation rather than parental consent forms. This distinction matters because unemancipated minors face additional hurdles, including possible home visits by family court officers and mandatory counseling sessions in states like New York.
Blood Tests and Medical Requirements
The days of mandatory premarital blood tests have largely faded, but some states still impose medical requirements. Montana requires both parties to submit to a blood test for rubella. The District of Columbia requires screening for sickle cell disease. In New York, you must both sign a statement affirming you have been tested for HIV and received the results, though testing itself is not mandatory. Most states abolished mandatory blood tests decades ago, but a handful maintain them for public health reasons.
Waiting Periods
Waiting periods exist to give couples time to reconsider before committing to marriage. California imposes no waiting period, while Illinois requires one full day between license issuance and ceremony. Massachusetts demands three days. These waiting periods apply only to the marriage license, not to the ceremony date itself. If you plan a destination wedding, research the waiting period of your chosen state carefully — you may need to arrive several days early to apply for the license.
Officiant Requirements
Who can legally perform your wedding depends on state law. Every state recognizes ordained ministers, judges, and certain public officials as authorized officiants. Some states allow temporarily ordained internet ministers, while others restrict officiants to clergy affiliated with an established religious organization. Virginia and West Virginia require officiants to register with the county clerk before performing ceremonies. In Colorado, self-solemnization is permitted — you can marry yourselves without any officiant present. This option is also available in Pennsylvania, Wisconsin, and the District of Columbia.
Prohibited Marriages
State laws prohibit marriages between certain individuals. Every state bans marriages between immediate blood relatives — parents and children, siblings, grandparents and grandchildren. First-cousin marriage laws vary widely. Nineteen states permit first-cousin marriage, including New York, California, and Florida. Six states restrict it under certain conditions, and the remainder prohibit it entirely. Same-sex marriage has been legal nationwide since the Supreme Court’s Obergefell v. Hodges decision in 2015, though some states continue to propose legislation challenging its recognition.
Bigamy and Polygamy
Marrying someone while still legally married to another person constitutes bigamy, a felony in every state. Even if you believe your previous marriage ended informally, without a formal divorce decree you remain married in the eyes of the law. This is why obtaining a proper divorce before remarrying is essential. Polygamous marriages are not recognized in any state, though some jurisdictions have decriminalized cohabitation with multiple partners.
Common-Law Marriage
Common-law marriage arises when a couple lives together and presents themselves as married without a formal ceremony. Only eight states plus the District of Columbia recognize new common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. If you establish a common-law marriage in one of these states, it is recognized everywhere under the Full Faith and Credit Clause. However, you cannot simply live together for a set number of years — you must both intend to be married and hold yourselves out to the community as a married couple.
Marriage License Expiration
Your marriage license does not last forever. Most licenses expire between thirty and ninety days after issuance. If your ceremony does not occur within that window, you must apply for a new license and pay the fee again. California licenses are valid for ninety days, while New York licenses expire after sixty days. Always check the expiration date on your license and schedule your ceremony well within that timeframe.
Prenuptial Agreements
Many couples choose to sign a prenuptial agreement before marriage to define property rights and financial obligations in case of divorce or death. These agreements must be in writing, signed voluntarily, and not unconscionable at the time of enforcement. Full financial disclosure by both parties is required. A prenuptial agreement cannot limit child support obligations or govern child custody arrangements, but it can protect separate property, define spousal support terms, and establish inheritance rights.
Same-Sex Marriage Recognition
Since Obergefell v. Hodges, same-sex marriages performed in any state must be recognized by all states. The Respect for Marriage Act of 2022 codified this protection at the federal level and additionally requires recognition of interracial marriages. If you live in a state that restricted marriage licenses for same-sex couples before Obergefell, your out-of-state marriage was always entitled to recognition. Federal benefits including Social Security survivor benefits, immigration sponsorship, and tax filing status now apply equally to all married couples.
Annulment Considerations
If your marriage fails to meet the legal requirements discussed here, you may qualify for an annulment rather than a divorce. Annulment declares the marriage void from the beginning, as though it never existed. Grounds for annulment include bigamy, incest, fraud, duress, impotence, and lack of mental capacity. Annulment is available even in states that otherwise require a waiting period before divorce. The statute of limitations for seeking annulment varies by state and by the specific ground asserted.
Void vs. Voidable Marriages
The distinction between void and voidable marriages determines whether an annulment is automatic or requires a court order. A void marriage — such as an incestuous or bigamous marriage — is invalid from the start without any court action, though obtaining a formal annulment provides legal documentation. A voidable marriage — such as one based on fraud or duress — is valid until a court declares it invalid. The injured party must affirmatively seek annulment, and if they do not, the marriage remains legally valid.
Marriage License for Non-Citizens
Non-citizens can marry in the United States regardless of their immigration status. A valid marriage license does not require proof of citizenship or lawful presence. However, non-citizens should be aware that marriage to a U.S. citizen may have immigration consequences. The marriage must be bona fide — genuinely intended — and not entered into solely for immigration benefits. U.S. Citizenship and Immigration Services closely scrutinizes marriages involving non-citizens, particularly when the marriage occurs shortly after the non-citizen’s arrival or when there are significant discrepancies in the couple’s background.
Frequently Asked Questions
Can we get married in a state where we do not live?
Yes. You can obtain a marriage license and marry in any state, regardless of your residency. The marriage will be valid in your home state under the Full Faith and Credit Clause. Many couples choose destination weddings for this reason.
Do we need a witness at our wedding?
Most states require at least one witness to sign the marriage license after the ceremony. California requires one witness, while Alabama requires two. Check your state’s specific requirement before the ceremony to avoid invalidation.
What happens if our officiant was not legally authorized?
If your officiant lacked legal authority to perform marriages, your marriage may be void or voidable depending on state law. Some states validate the marriage if you both believed in good faith the officiant was authorized. Others require a subsequent ceremony performed by a proper officiant.
Can we marry a non-citizen without complications?
Marrying a non-citizen involves additional federal requirements. Your spouse must obtain a marriage-based green card through U.S. Citizenship and Immigration Services. The marriage must be bona fide — genuinely intended and not solely for immigration benefits. Immigration officials scrutinize marriages closely, particularly if the couple has limited shared history or does not live together.