Marriage Licenses and Marriage Certificates: What They Are and How to Get Them
Both of these documents are key to ensure your union is legally valid—but they aren't the same thing.
Storybook weddings never include anything as dull as paperwork—all fairy-tale couples need to secure their bond is a well-fitting shoe or a true love's kiss. In the real world, though, it's not quite that romantic. Understanding the basics of the marriage license and marriage certificate process is key to guaranteeing that your nuptials are properly (and legally) signed and sealed, so you can live happily ever after—officially.
Related: Your Ultimate Marriage License Checklist
The Marriage License vs. the Marriage Certificate
There's a simple way to explain the difference between the marriage license and the marriage certificate: A marriage license lets two individuals get married; a marriage certificate proves they did it.
What Is a Marriage License?
Getting your marriage license is a must-do task for your pre-wedding checklist. "A marriage license is a legal document applied for by a couple and issued by the county/state that allows them to marry," says Diane Smith-Hoban, executive director of Journeys of the Heart. "This must be obtained before the wedding."
How to Get a Marriage License
Each state has its own requirements for obtaining a marriage license; expiration dates, waiting periods, and fees all vary. "Couples will apply for a marriage license and then pick it up from the town/city clerk's office anywhere from a few days to a month before their wedding," says Mirelle Eid, owner of Honeybreak Officiants.
Requirements for a Marriage License
Most states require applicants to show up in person at the local clerk's office and have a valid photo I.D. To get a marriage license in most states, the couple must be at least 18 years old or, if younger, have consent from a parent or judge. If either of you were married before, you'll need to show proof of your divorce or annulment. Both parties must be mentally capable to understand what getting married means, and they can't be closer than third cousins. Blood tests aren't required in any state; some states do, however, require a witness be present when a license is issued.
Research other rules pertaining to the state where you're marrying. In New Mexico, for example, an engaged couple is issued a license immediately at the county clerk's office (if they pass certain requirements); there's no waiting period, and the fee is $25. In Alaska, the waiting period is three days from the time the license is issued; the license is valid for three months and costs $60.
In New York, says Eid, the marriage must take place within 60 days of getting the license but not less than 24 hours after. "This 24-hour maturation period is stamped on the license to the minute," she says. So if you pick up your license at 4:32 p.m. on the day before your wedding, it can't be legally signed at your 2 p.m. ceremony the next day.
What to Do With a Marriage License
Make sure you bring your marriage license to the ceremony, where you and your officiant will sign it after you say your vows. "States require the signature of both partners, the officiant's signature and ID number (along with their completion of the rest of the document), and at least one witness," says Eid.
Then it's your officiant's job to file the license with the town or county where you were married. "After the wedding ceremony, this signed license is returned to the county/state by the legally certified officiant, according to the rules of the issuing county," says Smith-Hoban. "When the county receives the signed marriage license, it is registered in their records as a legal marriage."
What Is a Marriage Certificate?
The marriage certificate is created by your town or county clerk based on your marriage license. "The marriage certificate is the official document issued by the county/state attesting a couple is legally married," says Smith-Hoban.
Where to Get a Marriage Certificate
You can expect to receive your marriage certificate in the mail a few days or weeks after your officiant returns your license, says Eid.
What to Do With a Marriage Certificate
Keep your marriage certificate in a secure place with other important identifying papers; this is the legal document you will need for changing your name, making changes to health insurance or bank accounts, and other official matters, says Eid.
Legal Documents for Destination Weddings
Policies regarding marriage licenses and certificates shift slightly if you're planning to get married outside of the state where you live.
International Destination Weddings
In most cases, says Eid, couples who choose to tie the knot internationally have their official documents submitted in advance. "Couples who are eloping outside of the country will usually get legally married in the U.S. before their destination wedding," she says.
Destination Weddings in the U.S.
If you've chosen a destination within the United States—but not in your home state—make sure you understand the marriage license requirements for the state where you plan to get married. Accommodating the waiting period may require an advance trip to obtain the documents within the appropriate timeframe. "Couples who get married in a state different from where they live will need to obtain their marriage license from the state where they are getting married, unless they want to have a legal ceremony in their home state before or after the wedding," says Eid.
Read the original article on Martha Stewart.
