What a marriage license is and where to get one

A marriage license is a legal document issued by your county or state that permits you to marry. It is not the same as a marriage certificate — the license comes before the ceremony, and the certificate comes after. You obtain a marriage license from your county clerk's office, not from the state, and the process takes place entirely at the local level.

The county clerk is usually located in the courthouse or a separate county administration building. You can find the exact office by searching "[your county name] clerk marriage license" or by calling your county's main phone line and asking for the clerk's office. Some counties now allow you to start the process online, but you will still need to visit in person to complete it.

The license itself is valid for a set period — typically 30 to 90 days depending on your state — so timing matters. You cannot marry before the license is issued, and you cannot marry after it expires. The officiant who performs your ceremony (a judge, clergy member, or authorized person) will sign the license during the ceremony and return it to the clerk's office to create your marriage certificate.

Key Takeaways

  • Marriage licenses are issued by your county clerk's office, and you must obtain one before any ceremony can legally take place.
  • Both partners must appear in person at the clerk's office with valid identification and a birth certificate or certified copy.
  • Most states require a waiting period between when you receive the license and when you can marry, ranging from zero to five days.
  • The license is valid for 30 to 90 days depending on your state, so you must marry within that window or the license expires.
  • After the ceremony, the officiant returns the signed license to the clerk, who then issues your marriage certificate within weeks or months.

Documents you need to bring

Both partners must appear together at the clerk's office. Bring a valid photo ID for each person — a driver's license, passport, state ID card, or military ID all work. The clerk will verify your identity and check your age.

You will also need proof of your date of birth. A certified copy of your birth certificate is the standard document. If you were born outside the United States, bring your passport or a certified birth certificate from that country. Some clerks accept a combination of documents — for example, a driver's license plus a hospital record — but a certified birth certificate is safest.

If either partner was previously married, bring the divorce decree or death certificate of the former spouse. The clerk needs this to confirm you are legally free to marry. If you do not have the original, ask the court that issued the divorce for a certified copy.

Some states require a premarital health screening or blood test, though this is now rare. Check with your county clerk before you visit — they will tell you if this applies to you and where to have the test done.

The waiting period and when you can marry

Most states impose a waiting period between the date you receive your license and the date you can legally marry. This period ranges from zero days (you can marry when ready) to five days. A few states have no waiting period at all; others require you to wait three to five days.

The waiting period is set by state law, not by the clerk's office, so you cannot waive it or speed it up. If your state has a three-day waiting period and you receive your license on a Monday, you cannot marry until Thursday at the earliest. The clerk will tell you the exact date you become may be able to access to marry when you receive your license.

The license itself remains valid for 30 to 90 days after issuance (depending on your state), so you have a window of time in which to marry. If you do not marry within that window, the license expires and you must obtain a new one.

Cost and payment

Marriage license fees vary by county and state. Most counties charge between $20 and $100. Some counties charge different amounts for residents and non-residents, or offer a reduced fee if you complete a premarital counseling course.

Payment is usually cash, check, or card, depending on the clerk's office. Call ahead or check the county website to confirm what payment methods they accept. If you cannot afford the fee, ask the clerk whether a fee waiver is available — some counties waive or reduce the fee based on income, though this is not may provide.

What happens if you have a criminal record or other legal issues

A criminal record does not prevent you from obtaining a marriage license. The clerk's office does not conduct a background check as part of the license process. However, some states do prohibit marriage in specific circumstances — for example, if you are already legally married to someone else, or if you are related to your partner by blood within a certain degree.

If you have questions about whether a legal issue might affect your ability to marry, contact your county clerk directly. They can tell you whether your specific situation creates a barrier under state law. If it does, they can explain what options you may have.

Getting your marriage certificate after the ceremony

After your ceremony, the officiant signs the license and returns it to the county clerk's office. The clerk then creates your marriage certificate, which is the official record of your marriage. This process typically takes two to eight weeks, depending on how quickly the officiant submits the signed license and how busy the clerk's office is.

You can request certified copies of your marriage certificate from the clerk's office. These are official documents with the clerk's seal and are needed for tasks like changing your name, updating your Social Security record, or adding a spouse to insurance. Most clerks charge $10 to $25 per certified copy.

If the officiant does not return the signed license, contact the clerk's office when ready. They can help you track down the document or, in rare cases, help you file a delayed certificate if the license was lost.

Name changes and updating your records

Getting married does not automatically change your legal name. If you want to change your name, you must file a separate request with the court or the clerk's office — the process and requirements vary by state. Some states allow you to change your name as part of the marriage license process; others require a separate court petition.

Ask your county clerk whether you can request a name change on the marriage license form itself. If not, you will need to file a name change petition with the court after you marry. Once your marriage certificate is issued, you can use it as proof of your name change when updating your Social Security record, driver's license, and other documents.

Frequently Asked Questions

Can we marry in a different county than where we got the license?

Yes. A marriage license is valid throughout your state, so you can obtain it in one county and marry in another. However, some states require the ceremony to take place within the state where the license was issued. Check your state's rules before planning a ceremony in a different state.

What if one partner cannot appear in person at the clerk's office?

Both partners must appear together to obtain a marriage license. There is no proxy or remote option. If one partner is out of state or unable to travel, you will need to delay the license process until both can visit the clerk's office in person.

Can we marry if we are the same sex?

Yes. Same-sex marriage is legal throughout the United States. The marriage license process is identical regardless of the gender or sex of either partner. Your county clerk will issue a license to any two people who meet the age and legal requirements.

What if we want to marry but one of us is not a U.S. citizen?

Non-citizens can obtain a marriage license in the United States. You will need a valid passport or travel document instead of a driver's license, and a birth certificate from your country of origin. The clerk will verify your identity but will not check your immigration status. Marriage does not change your immigration status on its own.

How long does the whole process take from start to finish?

The process typically takes two to four weeks. This includes the waiting period (zero to five days), the time between receiving your license and your ceremony (you choose this), and the time for the clerk to issue your marriage certificate after the ceremony (two to eight weeks). Plan ahead if you need the certificate quickly for name changes or other purposes.