Legal Requirements to Marry
When a couple becomes engaged, their thoughts naturally turn to the wedding. After all, it is fun and exciting to think about the wedding ceremony, flowers, bridal gowns, fabulous jewelry, and the like. But before you dive into designing wedding cakes and bridal jewelry, take a minute to deal with the practical stuff first. This is an overview of the legal requirements to marry that every bride and groom needs to read.
Perhaps it should go without saying, but in order to be free and clear to marry, both parties must first be completely out of any previous marriages. It sounds obvious, but you hear all the time about couples becoming engaged before the divorce is final, which frankly is unwise for numerous reasons. In many states you will need to bring the divorce decree with you to the county clerk along with your proof of identification when you go to obtain a marriage license.
In order to marry without parental consent, both people must be at least 18 years old in most states. The minimum age limit is set at 19 in Nebraska and 21 in Mississippi. In every state, there are provisions for people to marry with parental consent; the age limit for that is 16 or 17 in most states. A few states do make exceptions for females that are younger if pregnant. Judicial consent is required on top of parental consent in those cases. What about the controversial topic of first cousins marrying? It is permitted in 21 states, allowed under certain circumstances in 6, and forbidden outright in the other states.
The marriage license will need to be obtained in person in the state in which you plan to marry, usually with both people present. Also keep in mind that marriage licenses do generally expire (around 60 days is common, but it can be as little as 30 days or as long as a year), and some states have a brief waiting period before the marriage can be conducted. Each state has its own particular rules, so be sure to check the laws for your state. You may need a blood test (very rare), pre-marital counseling, and there are variations in who is permitted to officiate over a marriage. Remember to bring your i.d. and cash to pay for the license. Once you have your ducks in a row legally, you will be able to get your marriage license and begin the fun of planning your wedding ceremony!
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