You can legally get married out of state by following the wedding state’s rules for the license, the officiant, and the filing of the signed certificate. Do that, and your marriage is automatically recognized when you return home. Nothing extra is required on your home state’s end.
Your Marriage Will Be Recognized at Home
The U.S. Constitution’s Full Faith and Credit Clause requires every state to honor the “public Acts, Records, and judicial Proceedings of every other State.”1Congress.gov. Overview of Full Faith and Credit Clause – Constitution Annotated Federal law reinforces this by requiring authenticated state records to carry the same legal weight in every court across the country.2Office of the Law Revision Counsel. 28 USC 1738 – Full Faith and Credit The Respect for Marriage Act, codified at 28 U.S.C. § 1738C, also prohibits any state from refusing to recognize an out-of-state marriage based on the sex, race, ethnicity, or national origin of the spouses.
In practice, your home state must treat your out-of-state marriage certificate the same as one issued locally. You won’t need to re-register, re-file, or take any extra legal step. What matters is that you followed the rules of the state where the ceremony happened.
The Wedding State’s Rules Are the Only Ones That Apply
Every state sets its own marriage requirements, and only the state where the ceremony takes place governs your license and ceremony. Your home state’s rules are irrelevant to the wedding itself.
A few points of good news for traveling couples. No state requires a blood test anymore; the last one dropped that requirement in 2019. And most states impose no residency requirement at all, so you don’t need to live there or even have visited before. Some jurisdictions offer fee discounts to residents, but non-residents can still get a license.
County clerks generally want:
- Government-issued photo ID for both applicants, such as a driver’s license, state ID, or passport.
- Proof of age. Some clerks accept the ID alone; others also want a birth certificate.
- A Social Security number, required in most states. You may be able to provide it verbally rather than showing the card.
- If either person was previously married, a certified copy of the divorce decree or the former spouse’s death certificate. A photocopy will not do.
Non-U.S. citizens can generally marry in any state using a valid passport. Some counties also ask for visa documentation or a sworn affidavit confirming eligibility to marry. Call the county clerk in the wedding jurisdiction to confirm what’s required.
Age rules also vary. Most states set 18 as the minimum without parental consent; a growing number have banned marriage under 18 entirely, while others still allow minors to marry with parental or judicial approval. If either person is under 18, contact the county clerk in the wedding state well in advance.
Waiting Periods and License Expiration
This is where out-of-state couples run into the most trouble. Roughly a third of states impose a waiting period between when you apply for the license and when you can use it. The wait is typically one to three days, though a few states require up to six days.3Justia. Getting a Marriage License – 50-State Survey You may not be able to apply and marry on the same day. If the ceremony is on a Saturday, you might need to apply by Wednesday.
Some states waive the waiting period for couples who complete a premarital education course, and a few grant waivers to non-residents or in hardship situations. Check whether a waiver is available before you finalize travel dates.
Every license also has a use-it-or-lose-it deadline. Validity periods range from 30 days to one year, and a handful of states set no expiration at all.3Justia. Getting a Marriage License – 50-State Survey Apply too early and the license may expire before the ceremony, which means reapplying and paying the fee again. A safe window for a destination wedding is no earlier than 30 days before the ceremony, and no later than the waiting period requires.
Applying for the License
Marriage licenses are issued by the county clerk’s office (sometimes called the register of deeds or vital records office) in the county where the ceremony will take place. Traditionally, both applicants appear in person. A growing number of jurisdictions now allow online pre-applications or full remote applications by video conference, which is a real advantage when you’re traveling in. Check the county clerk’s website; popular wedding destinations have often invested in digital processes because they handle so many non-resident couples.
License fees range from about $20 to over $100, with most jurisdictions charging between $40 and $80. Payment methods vary, and some offices only accept cash or money orders, so confirm before you show up. A few counties offer discounted fees for couples who’ve completed premarital counseling.
Who Can Perform the Ceremony
The wedding state determines who can legally officiate. Every state authorizes judges, justices of the peace, and ordained clergy. Many also authorize magistrates, court clerks, or notaries public. The specific list varies, so verify with the county clerk that your chosen officiant qualifies in that jurisdiction.
Ministers ordained through online organizations are generally recognized in most states. A few jurisdictions have questioned or restricted online ordinations, and even within states that broadly accept them, individual counties sometimes apply their own interpretation. The safest step is to have your officiant call the county clerk’s office and confirm their credentials will be accepted before the wedding day. A problem discovered after the ceremony is much harder to fix.
A small number of states allow “self-uniting” or “self-solemnizing” marriages, where no officiant is needed. The couple signs their own license, sometimes in front of witnesses. If that appeals to you, ask the county clerk whether the wedding state offers this license type.
The Ceremony, Witnesses, and Filing
The ceremony can be as simple or elaborate as you want, but it must happen within the license’s validity period and be performed by an authorized officiant (unless the state allows self-solemnization). Many states require one or two witnesses who are present during the ceremony and sign the marriage license afterward. The couple, the officiant, and any required witnesses all sign at the end.
After the ceremony, the signed license must be returned to the county clerk’s office that issued it. In most jurisdictions this is the officiant’s responsibility, and deadlines range from a few days to 30 days. A late filing can delay your ability to get a certified marriage certificate and, in rare cases, create questions about whether the marriage was properly recorded.
Because you’re marrying out of state, you won’t be nearby to follow up in person. Before the wedding, confirm with your officiant that they know the filing deadline and have a plan to return the signed license on time. If the jurisdiction lets the couple file, consider doing it yourself the day after the ceremony before leaving town. If you later spot an error on the filed document — a misspelled name, wrong date, wrong address — contact the county clerk’s office immediately. Most jurisdictions have an amendment process that requires a sworn statement and a small fee, and corrections get harder the longer you wait.
Getting Certified Copies of the Certificate
Once the county clerk processes the signed license, the marriage becomes a public record and you can order certified copies of the marriage certificate. Certified copies are not the same as the license itself. They are official reproductions stamped by the clerk’s office, and they’re what you’ll need for every post-marriage administrative task. Fees generally range from a few dollars to $25 per copy.
Order at least three or four. You’ll need them simultaneously for different agencies, and waiting on one to come back before sending it somewhere else slows everything down. Since you married out of state, you’ll likely need to request copies by mail or through the county’s online portal rather than walking in. Two to four weeks is common for mailed requests.
Name Changes After You Get Home
If either spouse is changing their name, sequence matters. Start with the Social Security Administration, because other agencies verify identity through SSA records. You can request a replacement Social Security card online in some cases, or by visiting a local office.4Social Security Administration. Change Name with Social Security You’ll need proof of identity and a document showing both the old and new names, such as a certified marriage certificate.5Social Security Administration. Application for a Social Security Card SSA requires original or certified documents; photocopies are not accepted. Your new card arrives by mail within five to ten business days.
Once your Social Security record is updated, change your driver’s license at your local DMV. For your passport, the process depends on timing. If your passport was issued less than a year ago and your name changed within that year, you can use Form DS-5504 and avoid a renewal fee (except for optional expediting). If more than a year has passed since either the passport was issued or the name change, you’ll need Form DS-82 with a certified marriage certificate and the standard renewal fee.6U.S. Department of State. Change or Correct a Passport
Don’t stop at government IDs. Update your name on bank accounts, insurance policies, employer records, retirement accounts, and estate planning documents like wills and powers of attorney. Most financial institutions require a certified marriage certificate, which is another reason to order extras.
Taxes for the Year You Marry
The IRS determines your filing status based on whether you’re married on December 31 of the tax year.7Internal Revenue Service. Publication 501 – Dependents, Standard Deduction, and Filing Information Marry at any point during the year and you’re considered married for the entire tax year, filing as either married filing jointly or married filing separately.8Internal Revenue Service. How a Taxpayers Filing Status Affects Their Tax Return You can no longer file as single. The state where you married doesn’t matter to the IRS.
For most couples, filing jointly produces a lower tax bill. If one spouse has significant student loan debt on an income-driven repayment plan, owes back taxes, or has other individual liabilities, filing separately may be worth a look. Both spouses are jointly and individually liable for everything on a joint return, so weigh that shared responsibility before defaulting.
A Note on Prenups and Choice of Law
If you have a prenuptial agreement, marrying in a different state raises a question most couples overlook: which state’s laws govern the agreement? Courts typically apply the law of the state where a divorce is later filed, which may be neither the state where you married nor the state where the prenup was signed. A well-drafted prenup includes a choice-of-law provision specifying which state’s rules should apply. Without one, a court will look at where the couple actually lives and the marriage’s connection to various states. If you already have a prenup, have an attorney check whether it holds up under the wedding state’s laws. If you don’t have one yet and want one, sign before you go.