Getting married at the courthouse is usually straightforward: you and your partner apply for a marriage license at the county clerk’s office, then have a civil ceremony performed by a judge, magistrate, or other authorized official. In many places you can do both on the same day. The details shift from one county to the next, though, so a phone call before you go saves a wasted trip.
Call the Clerk’s Office Before You Go
Nearly every county clerk issues marriage licenses, but not every courthouse performs ceremonies. Some hold walk-in ceremonies daily. Others limit them to certain days or require an appointment booked weeks out. A few don’t perform ceremonies at all and expect you to bring your own officiant.
Call the clerk’s office in the county where you want to marry and ask two things: do they perform civil ceremonies, and do they require an appointment. If they don’t officiate, the clerk can usually point you to a local judge, justice of the peace, or another authorized officiant.
Under state law, a civil ceremony can be performed by any government official authorized to do so. That typically includes judges at any level, magistrates, justices of the peace, and in some places county clerks or mayors.
Who Can Get a Marriage License
Every state applies a few baseline eligibility rules.
- Age: 18 in most states. Over a dozen states plus Washington, D.C. now ban marriage under 18 entirely. The rest allow 16- or 17-year-olds to marry with parental consent, judicial approval, or both, and a few still set the floor at 16 with parental consent alone.
- Identification: both applicants need a valid government-issued photo ID such as a driver’s license, state ID, or passport. Non-U.S. citizens can generally use a valid foreign passport or equivalent travel document, though the exact rules vary by county.
- Prior marriages: if either person was married before, bring proof it ended. That means a certified divorce decree or, if a former spouse died, a death certificate.
- Close relatives: every state prohibits marriage between close blood relatives.
Same-sex couples have the same right to marry in every state.1Justia Supreme Court. Obergefell v. Hodges, 576 U.S. 644 (2015)
Getting the License
The marriage license is the legal document that authorizes the ceremony. You get it from the county clerk’s or recorder’s office, and in most jurisdictions both applicants must appear in person to sign the application. Expect to provide full legal names, dates of birth, Social Security numbers, and the documents listed above.
Fees
License fees vary widely, generally falling between $20 and $115. Some counties reduce the fee if you’ve completed a premarital education course, and a few add small surcharges for courthouse ceremony services. Check accepted payment methods before you go; some offices only take cash or money orders.
Waiting Periods
Most states have no waiting period, so the license is valid the moment it’s issued. Among states that do impose a wait, the gap between application and validity ranges from 24 hours to six days. Wisconsin has the longest standard wait at six days, though a court order can waive it. Florida, Illinois, and Maryland fall in the middle at two to three days.
Expiration
Once issued, a license is only good for a set window. The most common validity period is 30 to 90 days, but Arizona, Nebraska, Nevada, and Wyoming give you a full year, and a handful of states set no expiration at all. If the license lapses before the ceremony, you apply and pay again.
Can You Marry the Same Day?
Often, yes. Because most states have no waiting period, a couple can apply for the license and hold the ceremony on the same visit. Whether it actually works depends on the courthouse. You need a location that both issues licenses and performs ceremonies, with availability that day. Smaller county offices where the clerk doubles as the officiant often accommodate this. Busier urban courthouses may book ceremony slots days or weeks out even though the license itself is ready immediately. If same-day matters to you, ask on the phone whether the office can handle both in one appointment.
What the Ceremony Is Like
A civil courthouse ceremony is brief. Most last under ten minutes. The officiant confirms the identities of both parties, asks each person to declare intent to marry, administers vows, and pronounces the marriage. Some judges allow personal vows or short readings; others stick to a set script. Ask ahead if personalization matters.
Witnesses
About half of states require one or two adult witnesses to attend and sign the license. The other half require none. If your state requires witnesses and you’re arriving alone, some courthouses will provide staff to sign, but don’t count on it. Bring two adults who can sign to be safe.
Ceremony Fees and Guest Limits
The ceremony fee is separate from the license fee and typically runs from nothing to around $100. Many courthouses cap attendance at 10 to 25 guests. Rice, confetti, and similar throws are almost universally banned inside the building. A courthouse lobby is not the venue for a large or celebratory gathering.
After the Ceremony
The signed license needs to go back to the issuing office. In most cases the officiant returns it, often within 10 days, though the deadline varies. The county then records the marriage and issues a marriage certificate, which is your permanent proof that the marriage is on file.
You won’t automatically get a copy. Request certified copies from the county clerk, recorder, or your state’s vital records office. Fees generally range from $5 to $25 per copy. Order several at once. You’ll need them for name changes, insurance updates, and benefit applications, and buying in bulk up front is cheaper than going back later.
If You’re Changing Your Name
A marriage certificate doesn’t update anything on its own. Start with the Social Security Administration. You’ll complete Form SS-5 (Application for a Social Security Card) and provide proof of identity, your new legal name, and the marriage. You can begin the application online or make an appointment at a local Social Security office.2Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card?
After Social Security, update your driver’s license or state ID at the DMV, then banks, employers, insurance providers, and any professional licenses. Doing Social Security first matters because most other agencies verify your new name against their records.
Legal Benefits That Kick In Immediately
A courthouse marriage carries every legal benefit of any other marriage.
- Tax filing: married couples can file jointly. For 2026, the standard deduction for married couples filing jointly is $32,200, compared to $16,100 for single filers.3Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill
- Medical decisions: spouses have default authority to make healthcare decisions for an incapacitated partner and hospital visitation rights that unmarried partners don’t automatically receive.
- Inheritance: a surviving spouse inherits under intestacy laws in every state if there’s no will, and transfers between spouses at death are unlimited under federal estate tax rules.
- Spousal benefits: marriage qualifies you for Social Security spousal benefits, employer-sponsored health insurance as a dependent spouse, and FMLA leave to care for your spouse.
A Few Special Situations
Proxy Marriages
If one partner can’t be physically present, a small number of states allow proxy marriages, in which someone stands in for the absent party. This option is mostly limited to active-duty military members and requires a power of attorney along with state-specific paperwork. States that permit some form of proxy marriage include California, Colorado, Montana, and Texas. Double-proxy marriages, where both parties are absent, are even rarer.
Marrying Outside Your Home State
You don’t need to be a resident of the state or county where you apply. Destination courthouse weddings are legal, and the marriage is valid in your home state. Just comply with the marriage laws of the state where the ceremony takes place, including waiting periods or witness requirements that differ from what you’re used to.
Self-Solemnization
If a courthouse ceremony feels like more structure than you want, a few states allow marriages with no officiant at all. Colorado and Washington, D.C. are the most flexible, requiring neither an officiant nor witnesses. Pennsylvania, Wisconsin, and a few others permit self-uniting ceremonies under specific conditions, such as a religious declaration or a special license type.
Blood Tests
No state currently requires a general blood test to get married. This is a leftover question from decades past, and you can safely stop worrying about it.