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Weddings are filled with wonderful details – dresses, flowers, music, photographers… These are usually chosen to fit the couples unique wedding style and vision to they have a wedding that is truly “them.”
Legally, however, the requirements are much simpler. All you need is a valid marriage license and an authorized officiant to solemnize the marriage.
Marriage License vs. Marriage Certificate: What’s the Difference?
When you marry, there are two legal documents you will have, a Marriage License and a Marriage Certificate. Don’t worry, you don’t have to do anything in advance to get the certificate.
So, what’s the difference between a Marriage License and a Marriage Certificate, and why do you need both? Simply put, the license is the document that you and your partner get from the courthouse prior to your wedding day, giving you permission to marry. The certificate is the document you receive from the state after your wedding which shows proof that you are legally married and that your marriage has been legally recorded.
You’ll typically need certified copies of your marriage certificate later if you change your name or update legal documents.
Marriage License Requirements: When and Where Do We Apply?
Photo Credit: Steven Damron via Flickr (CC BY 2.0)
You and your partner will need to obtain your license prior to your wedding day. As I am in Ohio any specific examples I give below will be from that state. Since specific requirements vary from state to state (and even from county to county), be sure to contact your local probate court/marriage license bureau well in advance to see what will apply for you.
Here are some of the things you will need to know.
Where to apply – the local probate court or marriage license bureau located in the county in which either you or your partner reside. Both you and your partner will need to go in person to apply.
What to bring – valid picture ID (such as a driver’s license), proof of death or divorce if this is not your first marriage.
Waiting periods – some states, such as Ohio, have no waiting period, which means that you will have your marriage license in hand on the same day you apply. Some states may have a 30 or 60 day waiting period, so be sure to contact your local marriage license bureau well in advance.
Expiration date – a marriage license is not valid indefinitely, which means that you and your partner will need to marry within a certain time frame from the date you get your license. In Ohio a marriage license is valid for 60 days following its issue date.
Cost – again this varies from state to state/county to county, as does the form of accepted payment. In Ohio the average cost is $60, and can be paid by cash or credit/debit card.
Many counties now allow you to begin the marriage license application online before completing the process in person.
Who Can Legally Solemnize a Marriage?
Years ago, almost all weddings took place in a church/house of worship, which also carried with it the comfort of knowing that the person performing the ceremony could legally do so.
These days, especially with the rise of secular ceremonies, who performs the ceremony is more varied. But there are a few steps needed for someone to be able to legally perform that wedding ceremony.
First, the person needs to get ordained. This is easier than it seems, and doesn’t require the person to follow a career as a clergy member. One of the best-known organizations offering online ordination is the Universal Life Church. The Universal Life Church In Ohio, once ordained they also must register with the Ohio Secretary of State office.
Who Signs a Marriage License?
Now that you have your marriage license, what do you do with it? I always recommend to keep everything that you receive once you get your license together (that way you don’t inadvertently leave an important piece home when you give the license to your wedding officiant).
Photo Credit: Godz1 via Unsplash
If your officiant will be at the rehearsal, they may want you to give the license to them at that time. If not, make sure they receive it prior to the start of your ceremony.
Who Signs the Marriage License?
So, who signs? Having witnesses varies from state to state. While your wedding officiant is the “official witness” and is required to sign your license afterwards, some states also require other “witnesses” to sign. This duty/honor often falls to the maid of honor and/or best man.
Again, this varies state by state and may not apply depending on where your wedding will take place.
Can Our Wedding Officiant “Just Sign” Our Marriage License?
For some couples, having a wedding isn’t important. Others may want to get married for practical reasons, such as getting both spouses on the same health insurance plan, without planning a wedding celebration. Regardless of their reasoning, having a wedding isn’t a requirement to get married. However, having someone who is legally allowed to solemnize the union is.
So, the question sometimes comes up, “Can we just have someone sign our marriage license?”
Some couples wonder if an officiant can simply sign the license without performing any type of ceremony. The short answer is no. Before signing the license, the officiant must first solemnize the marriage, even if it’s only a very brief ceremony, otherwise it could be considered fraud.
In marriage, to solemnize means to perform a legal wedding ceremony and complete the legal and public acts that make the union official and binding
You may be thinking, “Fraudulent? Why? It’s not hurting anyone.”
While that may be, an officiant’s role is to solemnize the marriage and confirm that both individuals are voluntarily entering into it. If an officiant signs the marriage license without first solemnizing the marriage, they are certifying something that did not occur. In effect, they are signing a legal document that does not accurately reflect what happened.
Good to Know
Don’t confuse a legal ceremony with a traditional wedding. A marriage can be solemnized with a ceremony lasting less than a minute. It doesn’t require guests, elaborate vows, or a reception—just an authorized officiant performing the legal act of marrying the couple.
You may not want a wedding, and that’s perfectly fine. You don’t need a wedding. You do need a legal ceremony, even if it only lasts 30 seconds.
By signing the license, the officiant is certifying that they solemnized the marriage. Their signature is more than paperwork—it documents that the legal requirements for the marriage ceremony were carried out.
But if the couple is asking someone to sign the marriage license, isn’t that enough to show that they want to get married? No. The officiant still has the responsibility to confirm that both individuals are voluntarily entering into the marriage and to solemnize the union before signing the license.
Couples often think the license is what makes them married. In reality, the license is the legal record of the marriage. The officiant’s act of solemnizing the marriage is what satisfies the legal requirement, and the signed license records that it happened.
What Happens After the Marriage License Is Signed?
Once the ceremony is over, there are still a few administrative steps before your marriage is officially recorded. The good news is that your officiant handles most of the process for you.
- after the ceremony, your wedding officiant will complete and sign the marriage license
- witnesses also sign the license (where required)
- the officiant mails the signed license to the county records department
- the county records the marriage
- certified copies of their marriage certificate become available
- the couple receives, or can request, certified copies of the marriage certificate
While the paperwork may not be the most exciting part of getting married, making sure it’s handled correctly is just as important as choosing the perfect venue or wedding dress. Understanding the process ahead of time helps ensure your marriage is legally recognized—leaving you free to focus on celebrating your new life together.
Still have questions about marriage licenses, officiants, or ceremony requirements?
Every state has its own rules and requirements, so it’s important to understand what applies to your situation before your wedding day. Check with your local marriage license office and your wedding officiant to make sure you have everything covered.
Hearts, Joy, Love!
Jean
Wedding Specialist | Author | Blogger
Helping couples plan with confidence (and the occasional sparkle and twist) for 25+ years