Marriage

The short version

Marriage is a legal and social contract between two people. When you marry, you gain certain rights and responsibilities under the law that affect things like property, medical decisions, and taxes. This lesson explains how to legally marry, what agreements you can make before marriage, and the basic legal framework that applies to married couples.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

State domestic relations codes (e.g., family law statutes)
State laws outline who can marry, the procedures for obtaining a marriage license, and the legal effects of marriage on property, inheritance, and other rights and duties between spouses.
Why it matters: These state-specific laws are the foundation for recognizing your marriage and define most of your rights and obligations as a married person.
State laws regarding premarital agreements (e.g., Uniform Premarital Agreement Act, UPAA, adopted by most states)
These laws specify the requirements for a valid premarital agreement, including that it must be in writing, signed by both parties, and often requires full financial disclosure and separate legal counsel.
Why it matters: If you want to control how your assets or debts are handled during marriage or in case of divorce, you need to follow these rules for your agreement to be legally enforceable.
28 U.S.C. § 1738A (Parental Kidnapping Prevention Act, PKPA)
This federal law requires states to give full faith and credit to child custody determinations made by other states, helping ensure that custody orders are recognized nationwide.
Why it matters: While primarily about custody, it shows how federal law can standardize recognition of family-related judgments, including the legal status of marriage for purposes of parental rights, across state lines.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by most states
The UCCJEA is a state law, widely adopted, that determines which state has the authority (jurisdiction) to make or modify child custody orders. It aims to avoid jurisdictional conflicts between states.
Why it matters: If you move to a different state after marriage and later need a custody order for children born during the marriage, this law dictates which state court can hear the case.

Words you need to know

Marriage License: A document issued by a state or local government that authorizes a couple to marry. You must obtain this before your marriage ceremony.
Marriage Certificate: A document signed by the officiant and witnesses after your marriage ceremony, confirming that the marriage took place. It is then filed with the government to create a legal record of your marriage.
Premarital Agreement (Prenup): A contract made by two people before marriage that defines how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce or death.
Community Property: A system, used in some states, where most property acquired by either spouse during marriage is considered jointly owned by both spouses and is divided equally in a divorce.
Equitable Distribution: A system, used in most states, where marital property is divided fairly (but not necessarily equally) between spouses upon divorce. What is 'fair' depends on many factors outlined in state law.
Spousal Privilege: A legal right in some situations that allows one spouse to refuse to testify against the other spouse or to prevent their spouse from being forced to testify about private communications made during marriage.

Your rights

✓To inherit from your spouse, even if there's no will, according to state intestacy laws.
✓To make medical decisions for your spouse if they are incapacitated and you are designated by state law or a health care directive.
✓To file joint tax returns, which can offer certain tax advantages.
✓To share in marital property and debts, which will be divided according to state law if you divorce.
✓To receive certain government benefits, like Social Security survivor benefits, based on your spouse's eligibility.
✓To enjoy spousal privilege in legal proceedings, as defined by state and federal rules of evidence.

How the process actually works

1
Understand State Requirements
Before applying for a marriage license
Before you can marry, you must meet your state's specific age, relationship, and other eligibility requirements. For example, all states require you to be a certain age, typically 18, or have parental consent.
2
Consider a Premarital Agreement
Before marriage, preferably several weeks or months before the wedding
If you wish to define how assets and debts will be handled, you can draft a premarital agreement. This agreement must be in writing, signed by both parties, and typically requires full financial disclosure.
3
Apply for a Marriage License
Within the validity period set by your state (e.g., 30-60 days before the wedding)
You must apply for a marriage license at the appropriate government office, usually a county clerk's office, in the state where you plan to marry. You will need to provide identification and sometimes pay a fee.
4
Observe a Waiting Period (If Applicable)
Varies by state (e.g., 24-72 hours after license issuance)
Some states require a short waiting period between the time you apply for and receive your marriage license, and when you can actually use it to get married.
5
Get Married by an Authorized Officiant
Within the marriage license's validity period
Your marriage ceremony must be performed by someone legally authorized to solemnize marriages in your state, such as a judge, minister, or justice of the peace. Witnesses are often required.
6
Return and File Marriage Certificate
Within a specified period after the ceremony (e.g., 10-30 days, varies by state)
After the ceremony, the officiant and witnesses sign the marriage certificate. The officiant is responsible for returning this document to the issuing government office to register your marriage officially.

Deadlines that can end your case

Marriage License Validity
Varies by state (e.g., 30-90 days from issuance)
If you don't get married within this window, the license expires, and you'll need to apply and pay for a new one.
Waiting Period After License Issuance
Varies by state (e.g., 24-72 hours)
You cannot legally marry until this period passes. Some states allow waivers for good cause.
Return of Marriage Certificate for Filing
Varies by state (e.g., within 10-30 days of ceremony)
If not returned on time, your marriage may not be officially recorded, which could cause issues proving your legal status later.

Costly mistakes

✕Not understanding your state's specific requirements for obtaining a marriage license, leading to delays or an invalid marriage.
✕Failing to get a valid marriage license before the ceremony, which means your marriage will not be legally recognized.
✕Neglecting to have your marriage certificate properly filed after the ceremony, making it difficult to prove your marriage status.
✕Signing a premarital agreement without understanding its terms or without adequate financial disclosure from your future spouse, potentially making it unenforceable or unfavorable.
✕Believing that simply living together for a long time automatically creates a 'common law marriage' in states where it is not recognized or where strict rules apply.
✕Not updating important documents (e.g., wills, beneficiaries, powers of attorney) after marriage to reflect your new marital status and wishes.

Your checklist

Research your state's specific marriage license requirements, including age, identification, and any waiting periods.
Discuss with your partner whether a premarital agreement is appropriate for your financial situation and assets.
Gather necessary identification and documents (e.g., birth certificates, divorce decrees if applicable).
Visit the county clerk's office (or equivalent) in the state where you plan to marry to apply for your marriage license.
Ensure your chosen officiant is legally authorized to solemnize marriages in your state.
Confirm that the marriage certificate is signed by all required parties and properly filed with the government after the ceremony.
Update your name on official documents (e.g., driver's license, Social Security card) if you choose to change it.
Review and update your will, beneficiary designations, and powers of attorney to reflect your marital status.

Common questions

Do I need a marriage license?

Yes, almost every state requires you to obtain a marriage license from the appropriate government office before your marriage ceremony can legally take place. Without one, your marriage may not be recognized by law, according to state domestic relations codes.

What is a premarital agreement and do I need one?

A premarital agreement, or prenup, is a contract made before marriage outlining how property and financial assets will be divided if the marriage ends. You might consider one if you or your partner have significant assets, debts, or children from a previous relationship. State laws, like the Uniform Premarital Agreement Act (UPAA) adopted in many states, govern their validity.

Does getting married change my last name automatically?

No, getting married does not automatically change your last name. You will need to take specific steps after marriage, such as updating your Social Security card and driver's license, to legally change your name. The marriage certificate provides the legal proof you need for these changes.

Is my marriage recognized in every state?

Yes, generally, a marriage validly performed in one state is recognized as valid in all other states under the 'Full Faith and Credit' clause of the U.S. Constitution. However, the specific rights and responsibilities that come with marriage can vary based on the laws of the state where you reside.

What happens if we move to a different state after getting married?

Your marriage remains legally valid. However, the laws of your new state of residence will govern many aspects of your marital rights and obligations, such as how property is divided in a divorce (e.g., community property vs. equitable distribution states) or how inheritance works.

How this changes by state

Marriage laws are primarily set by individual states, meaning requirements and legal effects can vary significantly. For example, some states recognize common law marriage, while most do not. The specific procedures for obtaining a marriage license, waiting periods, and how marital property is divided in divorce (community property vs. equitable distribution) are all determined by state law. To find your state's specific rules, you should consult your state's domestic relations code or family law statutes, usually available on your state legislature's website.

When you need a lawyer

You should consider consulting a lawyer if you are drafting or reviewing a premarital agreement, if you have significant assets or debts that you want to protect or manage through marriage, if you are unsure about your state's specific marriage requirements, or if you have questions about how marriage impacts your rights regarding children from a previous relationship.

Do this today

→Identify the county clerk's office in the area where you plan to marry.
→Review your state's domestic relations code to understand specific marriage license requirements.
→Discuss your financial situation openly with your partner to decide if a premarital agreement is right for you.
→If considering a premarital agreement, seek independent legal counsel for both you and your partner.

This lesson is legal information for educational purposes only, based on State domestic relations codes; 28 U.S.C. § 1738A (PKPA); UCCJEA. It is not legal advice and does not create an attorney-client relationship.