Each state regulates how couples can apply for and receive a marriage license to be wed within the state. These licenses are not usually difficult to obtain as long as you meet the state marital law requirements. You usually get a license from your local county courthouse or other government agency. You get a marriage license in the state in which you are being married, even if you don't live in that state.
Requirements
States set up their own requirements for who can get a marriage license, though most requirements are similar. For example, according to the New York Department of Health, you must be at least 18 years old to get a marriage license in New York without parental consent. You cannot get a license if either of you is under the age of 14, and if either is between 14 and 18, you need parental consent and/or judicial approval. These requirements are only for New York, and each state's age requirements differ.
Procedures
Getting a marriage license requires you to meet procedural requirements as well. For example, Hawaii requires that you appear together when applying for a license, according to the Hawaii Department of Health. You must produce proof of age, provide written consent and pay the filing fee, which as of August, 2010 is $60. You then have 30 days to get married. If you don't get married within that time, you must apply for a new license. If either of you has been divorced, you must present a copy of the divorce decree if it happened less than 30 days before filling for the license.
Effects
Once you have a marriage license, you can get married in an official ceremony. Typically, either a religious or a state official performs the ceremony. You are not actually married until after the ceremony.
Exceptions
You don't always need a marriage license to get married. According to the National Conference of State Legislatures, nine states and the District of Columbia recognize some form of common-law marriage, meaning a couple needs no official recognition or license from the state to enter into marriage. Though requirements differ slightly, to become married through common law, a couple must be of legal age, consent to become married and hold themselves out to the public as married.
Considerations
Every state sets its requirements for receiving a marriage license, but once a couple is legally married in one state, other states usually recognize the marriage. The exception is same-sex marriage. Most states that don't allow same-sex marriage also don't recognize those marriages, even if they were performed in a state where same-sex marriage is legal. The federal Defense of Marriage Act allows the federal government and individual states to refuse to recognize same-sex marriages granted in states where they are legal, according to the National Conference of State Legislatures.
