The legal framework
Obergefell v. Hodges (2015) required every state to license and recognise same-sex marriages, and the Respect for Marriage Act 2022 added federal statutory protection for recognition. Age rules remain state matters: most set 18 with exceptions, though a growing number of states have removed exceptions entirely.
Key points
| Age | 18 in most states, with parental or judicial exceptions; several states now allow no exceptions |
|---|---|
| Polygamy | Prohibited in every state; bigamy is a criminal offence. |
| Licence | Issued by the county; waiting periods range from none to several days |
| Residency | Not generally required — destination weddings are common |
| Same-sex marriage | Nationwide since 2015, with federal recognition protection since 2022 |
| Officiants | Judges, clergy and, in many states, anyone ordained online |
| Common-law marriage | Still recognised in a small number of states, and in others only if validly created before abolition |
| Prenuptial agreements | Enforceable in all states subject to disclosure and fairness requirements |
| Licence then ceremony | The licence must be obtained before the ceremony and returned afterwards |
| Licence expiry | Licences lapse, commonly after 30 to 90 days |
| Waiting periods | Some states impose a short wait between licence and ceremony |
In practice
- Apply for the licence in the county where you will marry, within its validity period.
- Check whether the officiant must be registered locally.
- Return the signed licence for recording — the marriage is not registered until this is done.
- Consider a prenuptial agreement if either party has business interests or children from a previous relationship.
- Confirm that the officiant will return the licence for recording: that step creates the record.
- Order certified copies once recorded; you will need several.
Cost and coverage
Licence fees are typically modest; some states reduce the fee for couples who complete premarital counselling.
Recent changes
Efforts to abolish remaining minor-marriage exceptions have succeeded in a growing number of states, though the rules still vary widely.
Where to go
- County clerk's office where you intend to marry.
- State vital records office for certified copies.
- Unchained At Last, for those facing a forced or underage marriage.
Worth knowing
Common-law marriage is widely misunderstood: in most states, living together for years creates no marriage at all, and in the few that recognise it, specific requirements must be met. Marriage law is entirely state-based, and requirements for identification, residency and officiants vary. Check the county, not just the state.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation