A public marriage license allows a couple to marry and is used by states to determine legal benefits and rights. It became common in the mid-1800s and can be accessed by anyone. Confidential licenses are available for those who require privacy. The license is only valid for a certain period and may require witnesses depending on the state. Rules for obtaining a license vary by county or country.
A public marriage license is a license that gives a couple permission from a state agency to marry. It’s not so much that permission would be denied to a couple seeking marriage in most cases, unless a state permits same-sex marriages or under any other circumstances. Rather it is a formality that can be used in a number of legal ways by a state to determine how it regards a person and what benefits or rights that person may be entitled to if married to another person.
The whole public marriage license thing is relatively new. It wasn’t entirely common in the United States to require marriage certificates as proof of marriage until the mid-1800s. Some states required them earlier, but usually if a couple lived together they were in fact married unless it could be proven otherwise. This changed as the 19th century waned, and more and more states (and many other countries) required a certificate and some form of marriage registry.
One of the reasons the public marriage license is called public is because any other person, given the names, date and place of a marriage, may be able to find proof of it. This is not always desirable. Some people have jobs or lifestyles that may require a high degree of confidentiality. In many states, special court-authorized notaries can use them to obtain a confidential marriage license. Unless a court order exists, these records are not accessible to the public. Stars often opt for this when planning weddings so they don’t end up with the paparazzi destroying their perfect wedding, or if they want to keep their private lives as far away from the public as possible.
Both the confidential and the public marriage license are not proof of marriage, unless presented with proof that a marriage has occurred. They are allowed to marry and may not mean anything unless a wedding actually takes place. Once the license is issued, a couple can have a specific period of time in which to use it. This can be a month or several months depending on state laws. Usually licenses give people about three months after issue to get married. The license is invalid if it is not used within the stated time period and returned signed by a person who has court permission to perform a marriage.
In some cases a difference between the confidential marriage license and the public one is that it may require witnesses for the marriage. This may vary by state. Sometimes people get this kind of license so they can get married without witnesses.
In the United States, the rules for obtaining a public marriage license are usually set by a county office. These may differ. Some county employees still require blood tests and different forms of identification may be needed. If a person has been previously married, they may need to bring proof of dissolution of the marriage. In other countries, various public offices can determine where a marriage license can be obtained. It is advisable to pay attention to which rules apply depending on where you obtain your license.
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