Marriage License - United States

United States

In the United States, until the mid-19th century, common-law marriages were recognized as valid, but thereafter some states began to invalidate common-law marriages. Common-law marriages, if recognized, are valid, notwithstanding the absence of a marriage license. The requirement for a marriage license was used as a mechanism to prohibit whites from marrying blacks, mulattos, Japanese, Chinese, Native Americans, Mongolians, Malays or Filipinos. By the 1920s, 38 states used the mechanism, however it is rare for the licensing process to be used in this manner today.

The specifications for obtaining a marriage license vary between states. In general, however, both parties must appear in person at the time the license is obtained; be of marriageable age (i.e. over 18 years; lower in some states with the consent of a parent); present proper identification (typically a driver's license, state ID card, birth certificate or passport; more documentation may be required for those born outside of the United States); and neither must be married to anyone else (proof of spouse's death or divorce may be required, by someone who had been previously married in some states).

Some states require a blood test to verify that the applicants are not carrying syphilis, a sexually-transmitted disease. As of 2010, Mississippi and Montana require blood tests; Connecticut, Wisconsin, Georgia, Indiana, Oklahoma, Massachusetts, and the District of Columbia have withdrawn the blood testing requirements in the last few years.

Many states require 1 to 6 days to pass between the granting of the license and the marriage ceremony. After the marriage ceremony, both spouses and the officiant sign the marriage license (some states also require a witness). The officiant or couple then files for a certified copy of the marriage license and a marriage certificate with the appropriate authority. Some states also have a requirement that a license be filed within a certain time after its issuance, typically 30 or 60 days, following which a new license must be obtained.

Marriage licenses in the United States fall under the jurisdiction of the state in which the ceremony is performed; however, the marriage is generally recognized across the country through the Full Faith and Credit Clause of the US Constitution. In some instances, as is the case with same-sex marriages, other states may not recognize a marriage license from another state. The state in which they are married holds the record of that marriage. Traditionally, working with law enforcement was the only means of searching and accessing marriage license information across state lines.