As couples seek the perfect backdrop for their special day, a beach vista or cityscape view becomes more popular than ever. That being said, marrying out-of-state is yet another piece in the puzzle when it comes to understanding legal considerations. With the right information, you can prevent any wedding day mishaps and ensure that your union is a legal one in both the state where you married as well as back home.
This article provides an overview of the most vital legal details related to getting married outside your state, such as marriage licence requirements and waiting periods; necessary documents needed wherever you go.
1. Look Up Marriage Licence Requirements
Laws for the marriage licence in each state can vary, and they might be very different from what you are used to. You will need to know the marriage licence requirements for your state. Here are several common elements you should take into account:
Application Process: There are states where you may be required to go in person and apply for the marriage licence, while some do allow online applications.
Documentation: All states will require basic identification documents, such as government IDs or passports and social security numbers plus birth certificates. And remember to check for any extra documents specific to your state.
Fee: A marriage licence change based on state. Will cost between $20 to $120 per post. Just double check before you go, because if it is cash or some other weird pay scenario there (I know of a few)odeled restaurants!
2. Waiting Periods
Several states make you wait a certain amount of time between applying for your marriage licence and actually being able to legally marry in the eyes of state law. The waiting time duration (typically zero to many days and varies from state to state) For example:
You can also get married the same day in states like Nevada and Colorado because you can apply for a marriage licence and be wedded on the same day some place.
Three-day waiting period: States like Florida and Texas require you to wait three days before your big wedding day, unless you take a premarital counselling course.
Extended waiting periods: A few states, like Maryland and Wisconsin have 6-day testing requirements;
Make sure to verify waiting period requirements in the state you intend on marrying and time your ceremony, accordingly.
3. Residency Requirements
Only California, Maine and Colorado require you to be a resident of the state in which you are applying for a marriage licence. Note : But in a few states, you may need to maintain specific residency requirements while applying for the marriage licence. Essential, again if you are having a destination wedding or elopement in the middle of nowhere.
Alaska, another similar state example, allows non-residents to marry but has documented requirements that the couple must satisfy. But when it came to a marriage licence, you didn’t have to be a New Yorker.
If this is a consideration, be certain to research the rules of residency in your state and double-check that all necessary documentation has been drafted first.
4. Legal Age for Marriage
The legal age for marriage differs from state to state. Although most states set the minimum age for marriage at 18, some allow minors even younger than 16 to marry with a parent’s consent or judicial approval. It is essential to understand the criteria to meet to be allowed to marry if one partner is under the state’s legal age for marriage to prevent legal issues. Furthermore, some states have recently increased the minimum age of marriage or imposed more severe, restrictive conditions on child marriage; therefore, people must check their compliance with the most current laws.
5. Blood Tests and Health Conditions
Though not as common in the present, some states still demand a blood test or other health-related provisions for a couple to marry. Historically, before weddings, brides and grooms were subject to blood tests to stop the spread of specific diseases, such as rubella or syphilis. For example, the states of Montana and New York require a certificate of premarital counselling or health examination; and absent this, a blood test. Some states still have blood test stipulations, even if they are not honoured. Therefore, people must check if their state demands any blood test or health condition to be met before a marriage.
6. Witnessing
In various states, the couple must be witnessed during a wedding, and two persons need to sign a marriage certificate. The number of witnesses required varies across states; in California, only one person must sign a marriage licence. In Nevada, two observers are needed to be present during the marriage ceremony.
In Kansas, the couple gets to choose who witnesses their elopement but two people have to witness and sign on the marriage certificate.
Confirm the number of witnesses required in your state and talk to those you have asked if they will be around on your wedding day.
7. Officiant Requirements
Your marriage must be solemnised in a valid ceremony, for your marriage to exist. The majority of States permit a variety of people to officiate marriages, such as ordained clergy (such as ministers or rabbis); other members belonging to religious organisations; judges/judges of the peace; and pseudo-org government officials. But some states do have requirements that apply to officiants.
Some, such as Tennessee and Virginia have restrictions on who is allowed to perform weddings ceremonies, while others are more lenient. Even more so, some states recognize online ordination from institutions like the Universal Life Church and as such friends or family members can officiate.
Be sure to research the state where you plan on marrying to check what rules there are surrounding a licensed individual who is able perform your ceremony.
8. Recognition of Out-of-State Marriages
The most crucial legal issue with out-of-state marriages is not getting legally wed; it’s making sure your home state will recognize the marriage. Thankfully, marriages in one state are mostly valid (to very different degrees) under the U.S. Constitution according to the Full Faith and Credit Clause.
Nonetheless, it is essential to keep in mind that this does not extend for common-law marriage or other such non-generic formality of a wedlock. For those planning a non-traditional wedding or type of marriage that is not universally recognized, you might want to talk with an attorney so your home state will also accept the marriage.
9. Texts on Same-Sex Union
While same-sex marriage became legal in all 50 states after the Supreme Court ruling on Obergefell v. Hodges in June of 2015, it remains important for couples to verify local laws and procedures regarding wedlock beforehand — especially if they plan a destination wedding far from home. Certain states have their own procedural orders and it is ideal to double check everything before the ceremony.
It is important to note that international recognition of same-sex marriages can be dramatically different with respect to other countries. If you are considering moving to or travelling in another country, it is also important to know the laws of that country as some countries do not recognize same-sex marriages.
Conclusion
Deciding to marry somewhere besides your home state is obviously an exciting step full of its own legal ramifications. Every detail matters, from meeting the marriage licence requirements to making sure your wedding is officiated by a legal authority in order for you both to comply with all applicable laws and statutes and subsequently make your own marriage legally valid. Be prepared, so that on your special day you can enjoy it to the perfect extent and not be pulled back by any legal hurdles. Remember to consult a legal professional for advice if you’re not sure about any other part of the marriage process in your state of choice, and enjoy planning your long-distance wedding.