Marriages

Marriage is a civil and contractual relationship between two consenting adults, recognized by state law, which establishes rights and responsibilities related to property, inheritance, taxation, and familial obligation. The U.S. Supreme Court has affirmed marriage as a fundamental right protected by the Fourteenth Amendment.

While the U.S. Constitution does not explicitly regulate marriage, federal law intersects with marital status in areas including taxation, Social Security benefits, immigration, and spousal rights. Marriage regulations primarily fall under state authority. States determine eligibility requirements, licensing procedures, minimum age, consent, and restrictions on degrees of kinship.

Historically, U.S. marriage law has evolved from frameworks dominated by religious norms, coverture, and race-based prohibitions to modern systems emphasizing equality, autonomy, and civil rights. Key reforms include the dismantling of coverture, the legalization of interracial marriages (Loving v. Virginia, 1967), the adoption of no-fault divorce, and the nationwide recognition of same-sex marriages.

Current trends indicate that Americans are marrying later and less frequently, with the median age at first marriage around 30.2 for men and 28.6 for women. The marriage rate in the U.S. approximates 6.1 per 1,000 population, while interracial, interethnic, and same-sex unions constitute a growing proportion of marriages.

Types of Marriages Recognized in the U.S.

The United States recognizes multiple forms of marriage, each with distinct legal and procedural frameworks.

• Civil Marriages: Civil marriages are legally recognized unions formalized under state law, typically officiated by judges, county clerks, magistrates, or other authorized officials.

  Couples obtain a marriage license, participate in a ceremony or declaration, and have the union recorded with the state. Civil marriages provide the foundational legal recognition required under federal and state benefits and other civil procedures.

• Religious Marriages: Religious marriages are solemnized by clergy or faith leaders in accordance with doctrinal practices. While the ceremony may follow religious traditions, most states still require a civil marriage license for the marriage to be legally recognized.

  Couples typically pursue both religious and civil ceremonies to fulfill spiritual commitments and secure the legal protections and responsibilities conferred by the state.

• Common-law Marriages: Common-law marriages, recognized in a limited number of states, including Colorado, Kansas, Montana, Texas, and Utah, arise when a couple cohabits and presents themselves publicly as married without a formal license or ceremony. Legal recognition is based on the couple's cohabitation, mutual intent to be married, and public representation as spouses.

  Common-law marriage requirements vary by state, and couples must typically meet specific duration and conduct criteria to have their union legally recognized. Additionally, states generally recognize common-law marriages legally established elsewhere.

• Same-sex Marriages: Same-sex marriages were nationally legalized following the Supreme Court decision in Obergefell v. Hodges (2015), which mandates equal recognition of same-sex unions across all states. These marriages are subject to the same licensing, registration, and legal obligations as opposite-sex marriages, impacting property rights, healthcare, taxation, and parental responsibilities.

• Proxy and Covenant Marriages: Proxy marriages allow one or both parties to be represented by a proxy. It is permitted in a few states, such as California, Colorado, Kansas, Montana, and Texas, but only under specific conditions, such as military deployment or individuals unable to attend in person.

A covenant marriage, on the contrary, requires premarital counseling and imposes stricter divorce limitations, emphasizing long-term commitment. Covenant marriages are available in Louisiana, Arizona, and Arkansas.

State Marriage Laws and Requirements

Marriage is governed by state law, resulting in variations in eligibility, documentation, and procedural requirements.

• Minimum Legal Age and Parental Consent Rules: Most states set 18 as the standard minimum age for marriage. Many allow individuals aged 16-17 to marry with parental consent or judicial approval. Recent reforms in states like Delaware, New Jersey, and Minnesota prohibit marriage under 18.

• Residency and Waiting Period Requirements: Residency is generally not required; most states permit non-residents to marry as long as the ceremony occurs within the issuing state. Waiting periods between license issuance and the ceremony typically range from zero to three days, though some states allow waivers for military personnel or emergencies.

• Health and Identification Requirements: Premarital blood tests are now largely outdated, as nearly all states have eliminated the requirement for medical certificates before marriage. However, applicants must present government-issued photo ID, proof of age, a Social Security number or affidavit, and documentation of prior marriage termination.

• Recognition of Foreign or Out-of-State Marriages: States generally honor marriages valid where performed, provided that they do not violate public policy, such as prohibitions on incest or bigamy. Federal agencies also recognize out-of-state unions, including same-sex marriages.

State Marriage Laws and Requirements

Marriage Licenses and Certificates

Marriage formation involves two key legal documents: the marriage license and the marriage certificate.

• Marriage License: A marriage license is a legal document issued by a county or local clerk's office that authorizes a couple to marry. Marriage licenses must be obtained before the ceremony. Both parties to the union must apply in person, present valid identification, provide personal information, and show proof of singleness, such as a death certificate or proof of divorce.

  Most states set a valid period, commonly 30 to 90 days, within which the ceremony must occur. Some jurisdictions impose waiting periods of 1-3 days before the license can be used, though waivers may be available for military or urgent circumstances.

• Marriage Certificate: After the ceremony, the officiants sign the license and return it to the issuing authority for recording. Once filed, it becomes a permanent public record, and the couple may request a marriage certificate, which serves as official proof of marriage. Marriage certificates come in two formats:

  • Certified Copies: They are printed on security paper, bearing the official seal and signature of the issuing office. Certified copies are valid for identity and all legal purposes.

  • Informational Copies: Also known as non-certified copies, they contain the same information as certified copies but are printed on plain paper and do not bear the seal of the issuing office. Informational copies are not valid for legal use but can often be used for genealogy or personal records.

Marriage license and certificate fees vary by state and county, typically ranging from $20 to $115. Processing times also differ, usually taking between 1 and 4 weeks, depending on the county's workload.

How to Access Marriage Records

In most states, basic marriage record details, such as the spouses' names, the date and location of the marriage, and officiant details, are considered public information. While anyone can request non-certified copies, certified copies are typically available only to the spouses themselves, their immediate family members, or authorized legal representatives.

Certain marriage records are sealed or have restricted access due to privacy or safety concerns. This may apply in situations involving adoption, domestic violence, witness protection, minor parties, or when ordered by a court. Additionally, some states restrict access to newer marriage records for a set period, such as the first 50 or 75 years.

Online Access

Most states provide online portals through their vital records agencies or county clerk offices, allowing users to verify record availability and initiate requests. These official databases often allow searches by name, county, or date.

Third-party search websites can be useful for preliminary searches, but their data may be incomplete or outdated and cannot serve as a substitute for certified documents. For nationwide reference, the National Center for Health Statistics (NCHS) provides state-by-state guidance on where records are held and how to formally request them, but it does not issue marriage records itself.

Offline Access

To obtain a certified copy, individuals can request records directly from the county clerk or state vital records office where the marriage was recorded. Applicants typically must provide:

• Valid government-issued ID

• Full names of both spouses

• Date and place of marriage

• Required fees

Requests may be submitted in person, by mail, or in some states, like Florida and Alabama, via certified online ordering services. Processing times can vary from same-day issuance to several weeks, depending on jurisdiction and the number of requests.

Correcting or Amending Marriage Records

Correcting or amending marriage records is a formal administrative process designed to fix factual inaccuracies rather than alter the legal status of the marriage. Common corrections include misspelled names, incorrect dates of birth or marriage, transposed license numbers, or minor clerical errors entered during recording.

Applicants may typically need to submit a completed amendment request form, valid government-issued identification, and supporting documents that verify the correct information, such as a certified birth certificate, passport, or court-issued name change order. Some states, including Texas and California, also require notarized affidavits from one or both spouses to authenticate the request and prevent fraud.

The filing location for correction or amendment requests largely depends on the state procedures established by each state. Some states process amendments through the state vital records office, while others require filing directly with the county clerk or local registrar that originally recorded the marriage.

Frequently Asked Questions About Marriage in the U.S.

The following are answers to questions typically asked about marriages in the United States.