Legal Requirements For Marriage FAQs

Wedding couple standing on a Dollar Bank NoteWhat do you have to do in order to get married? What is legally required of you and your soon to be spouse? Every state has different regulations regarding marriage, but most states you have to be 18 or older in order to get married, unless you have the permission of your parents and your soon to be spouse’s parents as well as the consent of a judge or government official. If the woman involved is pregnant and the couple is capable of financially taking care of themselves and the baby, the judge will usually consent to an underage marriage.

Also, with the exceptions of a few states, only opposite sex couples are allowed to become legally married, though there is constantly litigation going through the courts to attempt to change this. If one of the people in the couple is already married, they must have proof of divorce, death of their spouse, or annulment in order to remarry. People are not allowed to marry any close blood relatives, usually the closest relative they are allowed to marry is their third cousin, unless both of the people in the couple are past the age where they are able to conceive children, and then judges will usually allow people to marry their first cousins.

Both of the people that are wanting to enter into a marriage must be able to prove that they are mentally capable of making the decision to get married. Things that may effect a person’s mental capacity so that they are unable to decide if they wish to get married or not are mental illness, physical illness or injury that effects the mind (such as a stroke, brain damage, etc.) and/or substance abuse (drugs and/or alcohol). Sometimes people are still able to get married under these conditions, but sometimes end up getting a divorce or annulment shortly after (such as getting married when you are drunk).

In certain states, the people wanting to get married must submit to blood tests to determine whether or not they have diseases such as STDs, tuberculosis, sickle cell anemia, etc. Most states require the couple to fill out paperwork, obtain a marriage license—which involves paying a small fee and adding your autograph to the marriage license—and having a marriage ceremony.

The marriage ceremony doesn’t have to be anything fancy, all that is required is that the person performing the marriage is either a religious official such as a priest, bishop, or rabbi, or a county qualified officiant such as a judge or county clerk. In addition to this, most states require that there be at least two witnesses, who will sign the marriage license along with whoever officiates the wedding.

The wedding itself can be performed quickly at a courthouse or it can take several months or even years to plan. It isn’t legally required to have a big wedding that takes a lot of planning, most states usually just require the marriage license, paperwork, officiant to perform the ceremony, and two witnesses.

 

Works Cited

Reuters, Thomas. “Legal Requirements for Marriage FAQ’s.” Find Law. Thomas Reuters, 2015. Web. 17 Oct. 2015. http://family.findlaw.com/marriage/legal-requirements-for-marriage-faq-s.html.