The legal framework
Every state authorises members of the clergy, alongside judges and other officials, to solemnise marriages. The religious ceremony is the marriage. What makes it legal is the marriage licence, issued by a county or state office before the ceremony, and the return of the completed licence for recording afterwards. Rules on waiting periods, licence validity and who may officiate vary state by state.
Key points
| Licence first | Issued by the county clerk or equivalent before the ceremony |
|---|---|
| Officiant | Clergy, judges and others authorised by state law |
| Waiting period | Some states impose one between licence and ceremony |
| Licence expiry | Licences lapse after a set period, often 30 to 90 days |
| Return and recording | The signed licence must be returned, usually within days |
| Online ordinations | Accepted in most states, contested in a few |
| Online ordination | Accepted in most states, contested in a few |
| Self-uniting marriage | Permitted in a small number of states without an officiant |
| Return deadline | The licence must be returned within days in many states |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Confirm the officiant's authority in that specific county before the ceremony.
Where to go
- County clerk or recorder of deeds.
- State vital records office for certified copies.
- Officiant, to confirm they may solemnise in that state.
Worth knowing
The one step people forget is returning the signed licence for recording. Until it is recorded there is no official record of the marriage, and certified copies cannot be issued. An officiant ordained online has been challenged in a handful of jurisdictions. Where there is doubt, a brief civil ceremony removes the risk entirely.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation