A Marriage License and Certificate Are Both Essential

While your ceremony and reception will certainly be the most memorable parts of your wedding day, if you want your union to be legally recognized, the most important elements are signing your marriage license—a legal document that a couple obtains before getting married—and receiving a marriage certificate. The former proves that you are legally able to marry and the latter proves that you did tie the knot.

Simply put, these documents are essential for all individuals to have if getting married—especially if you’re planning on changing your name post-nuptials—so it’s important to take the proper steps and ensure you complete every task correctly. What’s more, obtaining a marriage license and certificate is a multi-step process, so planning ahead is key. While every state (and often some counties within the state) has a different process for securing these legal documents, we’ve created a general guide that will help you jumpstart this wedding-planning task. Below, here are the steps you’ll need to complete to obtain your marriage license and marriage certificate, according to attorney D. Bruce Hanes.

Step One: Establish a Date and Location for Your Wedding

Before you can apply for a marriage license, you’ll need to know where and when you’ll be getting married. Why? You typically have to file your marriage license application in the county in which you’ll be saying “I do.” Marriage licenses also expire, so you’ll need to know your wedding date in order to stay within your license’s specific deadline.

Additionally, you can’t (and shouldn’t) wait until the very last minute to apply for this document, as certain states don’t allow couples to tie the knot immediately after requesting their license. “There’s typically a few-day waiting period from filing to getting your license,” Hanes says. “You should plan to file at least one week before your wedding to make sure everything works out.” But once you know when you’re getting married, you can plan your visit to the county clerk.

Step Two: Visit the County Clerk and Bring All Documents

The easiest place to go for your marriage license is the county clerk’s office for an in-person appointment—and according to Hanes, the meeting shouldn’t take too much time. “If all documentation is in order, you can plan to spend about an hour there,” Hanes notes. You can even try to make an appointment beforehand so that you don’t have to wait even longer.

Proof of Identity

You and your partner will both need to show proof of identity to apply for a marriage license. Each state’s requirements are a little different, though, so be sure to check with your county clerk before heading into your appointment. Typically, you’ll need a driver’s license or passport, but you may also need a birth certificate. Some states even require a witness for the marriage license application, so be prepared to ask a family member or friend (who has known you for at least six months) to tag along. Don’t forget to ask your witness a few days in advance if they can help, too. You will also need some information about your parents, such as their full birth names, birth dates, birth states, and dates of passing, if applicable.

Certificate of Divorce or Death Certificate

If it isn’t your first marriage, you’ll also need to bring your certificate of divorce or the death certificate of your former spouse. “It’s quite common for previously married individuals to forget to bring official documentation of their separation to their appointment,” Hanes points out. If you’re under 18 years old, you’ll likely need permission from a parent or both parents to wed. Some states may even require you to obtain a court order as additional documentation. There is a fee to apply for a marriage license, typically, depending on your state and county. “People often forget to bring check or cash to their appointment and most offices don’t take credit cards,” Hanes warns. “Make sure you show up prepared with proper payment.”

Name Change Documentation

If you’re planning on changing your name, now is the best time to do that. While you’ll still retain your maiden name until you actually get married, this will alert the court of your new moniker. However, if you haven’t decided if you’re going to change your name, you can, of course, wait until a later time. Once you’ve proven your identity, turned in your paperwork, and paid your fee, you’ll be granted a marriage license. Some states will hand you the marriage license right then and there, but others will mail it out to you within a few days.

Step Three: Get Signatures From Your Officiant and Marriage License Witnesses

Now that you have your marriage license, it’s time to gather up some signatures. While the requirements for signing a marriage license vary from state to state. Naturally, the couple must be present when it’s time to sign the marriage license post-ceremony. It’s better to get this taken care of early on before the party gets going and the drinks start flowing. This is one wedding detail you do not want to forget.

The Officiant

Whoever legally performed your ceremony—whether it was a judge, a religious leader, or a friend ordained for the day—must also sign the license. There will be a line for them to sign their name, as well as specify their title or ordination. But note: There are a few states (Colorado, Wisconsin, the District of Columbia, and parts of Pennsylvania) where you can self-unite or self-solemnize your marriage, which means that not only does the officiant not need to sign your marriage license, but you don’t have to have one in the first place.

Two Witnesses

These could be your parents, your maid of honor and best man, or any other friends you nominate for the honor. These individuals must be physically present, watch the two of you sign the marriage license, and sign the license themselves. In most states, the marriage license witnesses must also be over the age of 18. Typically, you will need two witnesses, but in some states, you only need one. It’s important to select your witnesses before the big day and ensure they arrive on time.

Step Four: The Officiant Turns in the Completed Marriage License to the County

After the ceremony, it’s the officiant’s responsibility to return the marriage license to the county clerk, either by mail or in person. After that, you’re all set. Depending on where you live, you’ll either be mailed a certified copy, or you’ll need to go in person to pick up certified copies (in which case, prepare yourself to pay another fee).

You might be wondering, though, why you even need copies if it’s all official. Certified copies of your marriage certificate will help with a number of things. For example, you may need to send copies of the document to change your marital status for insurance (car, health, etc.), Social Security (if you’re changing your name), your credit cards, your bank accounts, and the IRS, just to name a few. “Obtaining three copies of the certified marriage certificate for these tasks should be sufficient,” Hanes shares. “You can always contact the local county clerk to order more certified copies of your certificate if you need them at any time down the line.”