Marriage License

A marriage license is a document issued by either a state authority or a church which authorizes a couple to be married. The procedure varies country to country, and the procedure does occasionally change. These items were developed during the Middle Ages to permit a marriage which would have been illegal otherwise. This was true in instances where the necessary period of notice for the marriage had not been given.

All fifty states have a requirement for marriage licenses to be obtained. A marriage is not valid if the marriage ceremony is performed without obtaining a marriage license prior to the ceremony’s performance.

Typically, both parties must appear in person at the time the license is obtained. They must both be of marriageable age (over 18 years, lower in some states with the consent of a parent) and present proper identification. More documentation may be required for those who were born outside of the United States. Neither party can be married to anyone else. For those who have been married before, proof of the prior spouse’s death or divorce may be required.

A number of states require a waiting period of days to pass between the granting of the license and the marriage ceremony. Once the ceremony is complete, the newlyweds and the officiant sign the marriage license. The officiant or new couple then files for a certified copy of the marriage license and a marriage certificate with the appropriate authority.

Contact a San Jose Family Lawyer

If you are planning a wedding and need a pre-nuptial agreement, contact San Jose family lawyer Daniel Jensen at 408-296-4100 for more information.