To get married at a courthouse, you and your partner apply together for a marriage license at the county clerk’s office, wait out any mandatory delay between issuance and ceremony, and then appear before a judge, magistrate, or court clerk with a witness to exchange vows and sign the license. The whole process usually costs under $100 and can be finished within a week in most counties. What follows is what each step actually looks like.
Apply for the Marriage License
Your first stop is the county clerk’s office, which in some places is called the recorder’s office or register of deeds. Both partners typically need to appear together in person to submit the application. Some counties let you start the application online, but you’ll almost always need to show up in person at some point to present identification and sign documents.
What to Bring
Each person needs a valid government-issued photo ID. A driver’s license or passport works everywhere. You’ll also be asked for your Social Security number and basic biographical information, including your birthplace and your parents’ full legal names (your mother’s maiden name included).
If either of you was married before, bring proof that the earlier marriage ended: a certified divorce decree or a death certificate showing when the prior marriage was dissolved. Some states impose a waiting period after a divorce before you can remarry, so check your local rules if your divorce was recent.
If any document you’re submitting is in a language other than English, most jurisdictions require a certified translation, meaning the translated document comes with a signed, notarized statement from the translator confirming its accuracy. You don’t need a specially licensed translator in most places; the notarized certification is what gives the translation legal weight.
Fees
Marriage license fees around the country generally run between $20 and $115, with most counties landing in the $30 to $75 range. Payment methods vary. Some offices take only cash or money orders; others accept credit cards. Call ahead and ask.
A handful of states offer a significant fee reduction if both partners complete a premarital education course beforehand. In those states, a four-to-twelve-hour course can knock $30 to $60 off the fee or eliminate it entirely.
Age
The minimum age to marry without special permission is 18 in nearly every state. Nebraska sets it at 19, and Mississippi at 21. About a dozen states have banned marriage for anyone under 18 with no exceptions. Most of the rest allow 16-year-olds to marry with parental consent, and a few still permit marriage younger than that with a court order.
Waiting Periods and How Long the License Is Good For
Don’t assume you can get the license and hold the ceremony the same day. A number of states impose a mandatory waiting period between when the license is issued and when the ceremony can take place, typically one to three days. Others have no waiting period at all. The point of the waiting period is to build in a cooling-off window against impulsive decisions.
Once issued, your license also has an expiration date, and the window varies widely, from as short as 30 days to as long as six months. If the license expires before you have the ceremony, you’ll need to reapply and pay again. So don’t apply too far in advance, and don’t cut it too close either. Check your county’s specific timeframe and work backward from your intended ceremony date.
You generally apply in the county where the ceremony will take place or where one of you lives. Rules differ, so confirm with the clerk’s office. In some places the license is valid anywhere in the state; in others it’s only valid in the issuing county.
What Happens at the Ceremony
The ceremony itself is quick. Most courthouse weddings last under ten minutes, and some are over in two or three. The whole visit, including check-in, waiting, and paperwork, usually runs 30 minutes to an hour.
When you arrive, check in at the clerk’s office with your marriage license and photo IDs. You may be given a number and asked to wait until a judge, magistrate, justice of the peace, or court clerk is available to officiate. Some courthouses require an advance appointment; others handle ceremonies on a walk-in basis during set hours. Call ahead or check the courthouse website so you’re not caught off guard.
The ceremony follows a simple civil format. The officiant reads a brief statement about the meaning of marriage, asks each person whether they enter the union voluntarily, and leads the exchange of vows. Most courthouses use a standard set of secular vows, though some will let you recite your own if you ask in advance. Rings are optional but welcome. There’s no dress code, and couples show up in everything from jeans to formal attire.
At the end, both spouses, the officiant, and your witnesses sign the marriage license. That signed document is the legal record of your marriage.
Witnesses
Most jurisdictions require one or two witnesses to attend and sign the license. Witnesses generally need to be at least 18 and carry valid identification. They don’t need any special qualifications beyond being present and willing to sign. If you can’t round up witnesses, some courthouses will provide a staff member for the role, occasionally for a small fee.
You don’t get to pick your officiant the way you would at a private ceremony, though you can request a specific person in some offices. The officiant’s job is to verify both parties are consenting freely, lead the vows, and complete the legal paperwork.
Getting Your Marriage Certificate
The signed license and the certified marriage certificate are two different things, and this trips up a lot of couples. The license is what authorizes the marriage. After the ceremony, the officiant or courthouse staff files the signed license with the local registrar to record the marriage in the public record. That recording is what produces the certified marriage certificate, which is your permanent legal proof of marriage.
You won’t always walk out with the certificate. Some clerk’s offices issue it on the spot; many mail it within two to four weeks. If weeks pass without one arriving, contact the office that handled your ceremony. You’ll likely need multiple certified copies for name changes, benefits enrollments, and account updates later on. Additional copies typically cost $5 to $30 each, and you order them from the same office that issued the original.
If Your Situation Is Different
One Partner Can’t Be There in Person
A proxy marriage lets a stand-in appear on an absent party’s behalf. Only a few states permit this, and it’s almost exclusively used by active-duty military members who are deployed or stationed overseas. Montana is one of the only states that allows double-proxy marriages, where neither spouse is physically present. The resulting certificate carries the same legal weight as one from an in-person ceremony for purposes like military benefits, insurance, and property ownership.
You or Your Partner Is Not a U.S. Citizen
Foreign nationals can marry at a U.S. courthouse. The documentation requirements are the same, with the added need for certified translations of any foreign-language documents. A valid passport works as photo ID. Marriage to a U.S. citizen does not automatically grant immigration status; it’s the basis for a separate spouse visa petition handled through U.S. Citizenship and Immigration Services.
Two Things Worth Handling Around the Wedding Date
Prenuptial Agreements
If you want a prenup, get it signed well before the ceremony. A prenuptial agreement must be signed before the wedding to be enforceable, and signing it the day before or the day of can backfire: courts have thrown out agreements when one party argued they felt pressured with the wedding imminent. The safer approach is to have the agreement drafted, reviewed by each party’s own attorney, and signed at least a few weeks out, so both sides have time to read, negotiate, and change terms without feeling rushed.
Tax-Year Timing
The IRS considers you married for the entire tax year if you’re married on December 31, even if the wedding was on New Year’s Eve.1Internal Revenue Service. Publication 501 – Dependents, Standard Deduction, and Filing Information That means a courthouse ceremony on December 30 versus January 2 can put you in completely different filing statuses for that year.2Internal Revenue Service. Filing Status If you’re planning a late-December wedding, run the numbers on both scenarios before you lock in a date.
Name Changes
Getting married doesn’t automatically change your legal name anywhere. If you plan to take a new last name, you’ll update your records with each agency separately (Social Security first, then passport, driver’s license, banks, employer, and insurance), and each one will ask for a certified copy of your marriage certificate.3Social Security Administration. Change Name With Social Security This is the practical reason to order several certified copies at the start rather than one at a time.