Every state has its own set of rules for getting a marriage license, but many states have certain requirements in common. You can usually apply for a marriage license with the municipal or county clerk's office in the county in which you will be married. You can also find out what the process requires by either calling the clerk's office or looking for information on the clerk's website. You can make the process of filing go faster if you have all your required materials in hand when you arrive at the clerk's office.
Proof of Marital Status
You must be single to receive a license to marry. If you have never been married before, you can declare that. If you have been previously married, you may have to show proof of your divorce. If you were very recently divorced, plan to bring your divorce consent decree papers with you to the clerk's office, just in case your official records haven't been amended yet. Call ahead to the clerk's office to find out the specific requirements in your area.
Proof of Legal Age
The age of consent to be married varies from state to state. However, in most states, persons under the age of 18 must usually have parental permission to marry. Contrary to popular belief, no state permits marriage for persons under the age of 14. Generally, any one younger than 17 will usually need parental or court permission. Be prepared to present state-issued identification to prove your age.
Blood Tests
Some states in the United States still require blood tests, as of 2010, before they can issue marriage licenses. The purpose of the blood test is to determine if either person has a venereal disease or the presence of a genetic disorder such as Tay-Sachs disease or sickle-cell anemia, according to USMarriageLaws.com. Although you may be provided with information about HIV and AIDS you will not be tested for them. Inquire at your local clerk's office to find out if you state requires a blood test.
Proof of Gender
In states that do not permit civil unions for same-sex couples, and when there may be a question of gender, the clerk's office may request state-issued identification or an official birth certificate to affirm gender. It is legal for the clerk to refuse to issue a marriage license for a same-sex couple in states that do no provide for this right. In the case of a transgendered partner, the clerk's office will require a court order stating that the person has legally changed his gender from the original birth certificate.
Proof of Relationship
Marriage to a sibling is illegal in the United States. Twenty states in the United States permit first cousins to marry; six more states permit marriage between first cousins under special circumstances, such as when they are over 50 years old or sterile. First cousins share common grandparents.
Waiting Periods
Twenty-two states require a waiting period between the time the marriage license is issued and when the couple may actually be married in a church or by a judge or justice of the peace. This waiting period can vary between 24 hours and six days. Make sure you know about any waiting period before you make your wedding plans.
Application Fees
Most clerks' offices charge a fee for a marriage license. In McLean County, Illinois, for example, the license fee is $29 as of 2010. In most cases, you will need to pay for the license in cash when you apply. Licenses are good for a period of 60 to 90 days in most states. If you wait longer to get married, you must reapply for a new license. License fees are not refundable if you change your mind.
Appointments and Appearances
Some clerk's offices require applicants to fill out documents in advance and then make appointments to finish the process. This delay gives the clerk's office a chance to prepare all the paperwork. All clerks' offices require the couple to appear in person to sign the license application, usually together.
