How to Get Married in the US: The Complete Legal Guide
From getting your marriage license to filing the certificate and changing your name. Everything you need to know about the legal process, in one place.
$35 - $150
Average cost of the legal process alone
License + civil ceremony officiant
25+ states
States with no waiting period
Including CA, NV, IL, CO
30 - 90 days
Typical license expiry window
Varies by state
At least 3
Certified copies recommended
Name change, insurance, immigration
The 8 Legal Steps to Getting Married
These steps apply to all ceremony types, from courthouse elopements to grand traditional weddings. The legal framework is the same regardless of how you celebrate.
Decide Where and When to Get Married
- Choose a state (does not need to be your home state)
- Research that state's specific marriage laws and fees
- Pick a county within the state (you apply for the license there)
- Consider residency requirements (most states have none)
Apply for a Marriage License
- Both parties typically appear in person at the county clerk's office
- Bring valid government photo ID and, if applicable, divorce decree or death certificate
- Pay the fee ($20 to $100 depending on state)
- Note any waiting period (0 to 5 days depending on state)
- Note the license expiration date (30 to 90 days typically)
Find a Legally Authorized Officiant
- Judge, magistrate, justice of the peace, or court clerk (civil)
- Ordained minister of any recognized religion (religious)
- Friend or family member ordained online through Universal Life Church or similar
- Notary public (allowed in some states like Florida and South Carolina)
- Confirm the person is authorized in the specific state
Arrange Your Witnesses
- Most states require 1 to 2 witnesses of legal age
- Witnesses must be present at the ceremony and sign the license
- Colorado allows self-uniting marriages with no witnesses required
- Witnesses cannot be the officiant or one of the parties marrying
Hold the Ceremony
- Exchange vows in front of the officiant (and witnesses if required)
- Both parties, the officiant, and witnesses sign the marriage license
- Keep a copy of the signed license for your records
- The ceremony can be as short as 2 minutes or as long as you wish
File the Signed License
- The officiant returns the signed license to the county clerk
- Most states require filing within 3 to 90 days of the ceremony
- Confirm the officiant has filed; follow up after 2 weeks if uncertain
- The county then processes and records the marriage
Obtain Certified Copies of the Certificate
- Request copies from the county clerk or state vital records office
- Order at least 3 certified copies at once
- Fees: $5 to $30 per copy depending on state
- Processing: 4 to 8 weeks by mail; same day in person at many offices
Change Your Name (If Desired)
- Start with Social Security Administration (free)
- Then update driver's license / state ID at the DMV
- Then passport (requires current certified certificate)
- Then banks, employer, insurance, and other accounts
Comparing 5 Ceremony Types
Every ceremony type follows the same legal framework: license, officiant, signing, filing. What differs is the context, cost, and experience. Here is a comparison to help you decide.
Courthouse / Civil
A civil ceremony officiated by a judge, magistrate, or court clerk at the county courthouse or clerk's office. Quick, inexpensive, and completely legally valid. Many couples do this and celebrate separately.
Religious Ceremony
Performed by an ordained minister, priest, rabbi, imam, or other religious leader. Must still obtain a civil marriage license. The religious certificate is separate from the legal one.
Elopement
A private marriage ceremony, often in a scenic location, with minimal guests. Still requires a license and an officiant. Popular in states like Nevada, Colorado, and Montana.
Traditional Wedding
A full wedding ceremony with venue, guests, catering, photography, and all the traditional elements. The legal component (license, officiant, signing) is embedded within the larger event.
Destination Wedding
Marrying abroad or in a different US state. For foreign weddings, US couples often do a civil ceremony at home first, then celebrate abroad. Foreign marriages require apostille and sometimes translation for US recognition.
Marriage License Waiting Periods: Top 10 States
A waiting period is the time you must wait between getting the license and using it for the ceremony. Some states also have license expiry dates, so plan accordingly.
| State | Waiting Period | License Expires | Note |
|---|---|---|---|
| Nevada | None | 1 year | Las Vegas is the most popular elopement destination |
| California | None | 90 days | Confidential licenses available |
| Texas | 72 hours | 90 days | Waiver possible with court order |
| New York | 24 hours | 60 days | Can be waived by a judge |
| Florida | 3 days (waivable) | 60 days | Waived if couple completes premarital course |
| Illinois | None | 60 days | No residency requirement |
| Colorado | None | 35 days | Self-uniting marriages allowed |
| Wisconsin | 5 days | 30 days | Shortest license expiry in US |
| Washington | 3 days | 60 days | Can be waived |
| Pennsylvania | None | 60 days | Quaker/self-uniting marriages recognized |
A Real Timeline: From "We Should Elope" to Legally Married in 10 Days
Maya and Jordan decided four months before their big planned wedding that they wanted to be legally married sooner, quietly, just the two of them. Here is how they did it.
Researched Nevada marriage law. Confirmed no waiting period, licenses valid 1 year, $102 fee, any Clark County couple can apply.
Booked flights from Chicago to Las Vegas for Day 6. Found a licensed officiant in Red Rock Canyon for $250.
Confirmed witness: Jordan's sister agreed to fly in and was booked on the same flight.
Landed in Las Vegas. Went directly to Clark County Marriage License Bureau at 201 Clark Avenue. Waited 30 minutes, paid $102, received the license same day.
Ceremony at Red Rock Canyon at sunrise, officiant led a 15-minute ceremony, sister witnessed and signed. The entire legal event was done by 8 a.m.
Officiant returned the signed license to the county clerk. Received email confirmation.
Mailed request for three certified copies ($15 each) to Clark County. Back home in Chicago, fully married.
This story is a representative composite example based on actual Nevada elopement requirements. Names are fictional.
Finding and Confirming a Legal Officiant
The officiant question trips up more couples than almost any other legal detail. Here is a clear breakdown of your options and how to verify legal authorization in your state.
Civil Officiants
Judges, magistrates, justices of the peace, and court clerks are authorized to perform marriages in all US states. Contact your county courthouse to book a civil ceremony appointment. Fees are usually $25 to $75.
Religious Officiants
An ordained minister from any recognized religious denomination. The denomination determines the ceremony style and requirements (pre-marital counseling, for example). The legal component is the same: license, vows, signing, filing.
Online Ordination
Services like Universal Life Church or American Marriage Ministries allow anyone to become ordained online, often for free. This is accepted in most US states, but not all. Confirm with your county clerk before the ceremony. Some states require the officiant to register locally.
Notary Public
In Florida, South Carolina, and Maine, a notary public can legally officiate a wedding. This makes finding an officiant extremely easy in those states since notaries are widely available. Check your specific state law before relying on this option.
Always Verify Before the Ceremony
Ask your chosen officiant to confirm in writing that they are currently authorized to perform marriages in your state and county. Also confirm with your county clerk that the type of ordination your officiant holds is accepted. Do this at least 60 days before the ceremony.
The Name Change Process After Marriage
Name change after marriage is optional but common. The process is sequential: you must update Social Security before you can update most other documents, because other agencies use the SSA database to verify.
Social Security Administration
Certified marriage certificate + government ID
Free
2 to 4 weeks for new card
DMV (driver's license / state ID)
New SSA card + certified certificate + current license
$10 - $30
Same day or by mail
US Passport (if applicable)
Certified certificate + old passport + form DS-5504
$130 if under 1 year old; $130+ otherwise
6 to 8 weeks standard
Employer and HR
Copy of certificate for records; new W-4 form
Free
Next payroll cycle
Banks and Financial Accounts
New ID + certified certificate (some banks)
Free
1 to 4 weeks per institution
All Other Accounts
New ID and/or certificate depending on institution
Varies
Ongoing over 1 to 3 months
Pro Tips for a Smooth Legal Marriage Process
Research license requirements 30 to 60 days before the ceremony, not the week before.
Order at least three certified copies of the certificate when it arrives; it costs the same time and less repeated effort.
Confirm your officiant's legal authorization with the county clerk directly. Never rely on the officiant's word alone.
Note the license expiry date and build in a buffer. A license that expires before the ceremony means restarting the process.
Follow up two weeks after the ceremony to confirm the signed license was returned to the county clerk.
If changing your name, start with Social Security first. Every other institution follows that change.
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The Legal Anatomy of a US Marriage
Getting legally married in the US is primarily governed by state law, which means requirements vary significantly from one state to another. The federal government recognizes marriages that are valid under state law, so understanding your specific state's rules is the essential starting point.
At its core, a legal US marriage requires three things: a valid marriage license obtained before the ceremony, a ceremony officiated by an authorized person, and the return of the signed license to the county clerk. Without all three, the marriage may not be legally recognized. The certificate you receive afterward is proof that all three steps were completed.
This guide walks through each step methodically, including the choices you face along the way, from where to marry and who officiates, to which ceremony type fits your situation, and what to do after the ceremony is over.
- •Marriage law is state-level, not federal; requirements differ by state
- •All three elements (license, ceremony, filing) must be completed for a valid marriage
- •The marriage certificate is the post-ceremony proof that these steps are complete
- •Common law marriage is recognized in fewer than 10 states and requires no license or ceremony
Choosing Where to Get Married: Implications Beyond the Venue
The state (and county) where you get married determines which marriage laws apply to you, including license fees, waiting periods, minimum age requirements, and who can officiate. You do not need to be a resident of the state to marry there. Couples regularly choose to marry in a different state from where they live.
Popular choices like Las Vegas (Nevada) have no waiting period and low fees. Some states like Connecticut, New York, and California have slightly longer or more complex requirements. If you are marrying abroad as a US citizen, you will need to have the foreign marriage certificate apostilled and potentially translated for US legal recognition.
If you want maximum simplicity, consider marrying at the courthouse in your home county. Civil ceremonies are quick, inexpensive, and completely valid. You get the same legal marriage as any large church wedding.
After the Ceremony: What Needs to Happen
The ceremony itself is just the middle of the legal process. After you say your vows, the signed marriage license must be returned to the county clerk within the time window specified by your state (typically 5 to 90 days). This is the officiant's responsibility in most states, but wise couples follow up to confirm it was done.
Once the signed license is recorded, the county issues the marriage certificate. You can then order certified copies, which you will need for name changes, insurance updates, immigration filings, and financial account changes. Order at least three certified copies at once to avoid repeated processing delays.
The name change process itself is a separate legal process. Start with Social Security, then move to the DMV, then passport, then financial institutions. Each requires a certified copy of the marriage certificate plus government-issued ID.
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The bare minimum is as short as a few days if you elope in a state with no waiting period. Most couples getting a traditional wedding should plan 30 to 90 days for the license process, ceremony planning, and certificate filing. After the ceremony, the certificate typically arrives 2 to 8 weeks later depending on the state.
Most US states require one or two witnesses at the ceremony who must sign the marriage license. The witness must be of legal age (usually 18) and not directly related to the couple in some states. A few states (such as Colorado for self-uniting marriages) do not require witnesses. Always check your specific state's requirement.
In most US states, some form of ceremony is required, even if it is just a brief exchange of vows in front of an officiant. However, eight states (Colorado, Kansas, Montana, Alabama, Georgia, Idaho, South Carolina, Texas, and a few others historically) recognize common law marriage, which does not require a formal ceremony or license if certain conditions are met over time.
Eligible officiants vary by state but generally include ordained ministers, judges, magistrates, justices of the peace, court clerks, and notaries public (in some states). Many online ordination services (Universal Life Church, American Marriage Ministries) provide legally recognized ordinations in most US states. Confirm your state's requirements before the ceremony.
The legal cost alone (not including any celebration) typically ranges from $35 to $150. This covers the marriage license fee ($20 to $100 depending on state) plus any officiant fee for a courthouse or civil ceremony ($25 to $75). Name change fees add another $50 to $200 for passport and ID updates.
This is more common than people think. If the signed license is not returned to the county clerk within the required timeframe (usually 30 to 90 days), the marriage may not be legally recorded. Contact your county clerk immediately. In most cases, an affidavit and late filing can resolve the issue, but it requires follow-up from both parties and the officiant.