Marriage in the US requires a valid marriage license and an officiant recognized by the state. Each state has its own laws and requirements, such as age restrictions and blood tests. Marriage licenses must be obtained before the ceremony and both parties must provide proof of identity and marital status. The officiant must be authorized by the state and a witness is usually required. Blood tests are required in some states to protect against STDs. The Supreme Court ruling in 2015 legalized same-sex marriages.
The primary legal requirements for marriage in the United States are a valid marriage license, which usually must be obtained several days before the ceremony, and an officiant recognized by the state or jurisdiction where the wedding is taking place. Individual states may also have their own requirements. Some of the most common ones relate to age, and in most cases both members of the couple must be over 18 years old. Many states used to require blood tests, but that’s not as common anymore. After the Supreme Court ruled in 2015 that same-sex marriages were a constitutional right, the gender of the parties is no obstacle. Marriage in the United States can only be between two people, however, and neither party can be married to anyone else at the time of the ceremony.
Understand the role of different states
Each of the 50 United States has its own distinct laws, and with this independent requirements for a valid marriage. A marriage performed in one state will be recognized by all others, and in many respects the requirements are the same; in others, however, there may be variations. Many of these are minors. One state might require that a license be obtained at least a week before the ceremony, for example, while another might allow only a day’s leeway. Rates also tend to vary widely, and venues and officiants are also acceptable. Couples are usually advised to do a bit of research into the specifics of their position to make sure the process is as smooth as possible.
Marriage licenses
One of the most important legal requirements for marriage is a marriage license, basically a piece of paper issued by a court or other authority that authorizes two people to marry legally. It is not itself a declaration of marriage, but rather it is a certification that the union is both authorized and legal. It’s still up to the couple to coordinate a ceremony; the license only makes that ceremony legitimate and recognizable in the eyes of the government.
The United States requires marriage licenses primarily in the interest of social welfare, for example, to prevent disease and illegal marriages, such as those between nuclear family members. Accurate status logs are another plus. When applying for a marriage license, both parties must generally be present and provide adequate photo identification, as well as proof that neither party is currently married. Of course, they must also give their consent to the marriage.
All states require that a marriage license be obtained before the wedding itself, usually between one and six days before the ceremony. The license must be signed by the couple and an officiant, although some states also require the signatures of one or more witnesses. To be eligible for the licence, the couple must meet all the requirements set forth by the state issuing the licence. These may vary slightly from place to place.
Age restrictions
Age is often one of the largest variables, although most states require both parties to be at least 18 years of age. Nebraska requires both parties to be at least 19 years of age. Younger parties can still sometimes get a marriage license, but they typically need parental consent. Most states place the age requirement for parental consent at age 16; however, several states will grant marriage licenses to those under the age of 16, subject to parental and court consent.
officiating authority
The legal requirements for marriage usually also include provisions about who can actually conduct the ceremony, i.e. who has the power to actually join two people in a recognized union. Religious leaders are popular choices, but in most places they must be pre-accredited or formally authorized by the state. Usually some government officials, judges and ship captains are also eligible, but in most cases they must hold specific marriage-granting powers before the ceremony is conducted in order for the union to be recognized as valid later. In some localities, anyone can apply to be a wedding officiant, regardless of background and training, as long as they are willing to pay a fee.
It is common for states to require at least one witness to be present. Additionally, the officiant of the ceremony is usually required to send a copy of the marriage license to the state agency for formal marriage records. Otherwise, marriage may be more difficult to prove. If the parties are married out of state or overseas, the home state will usually recognize the marriage as long as it is valid in the jurisdiction where it occurred.
Blood analysis
Blood testing is another legal requirement for marriage, at least in some places. The law requiring blood tests was created in large part to protect against STDs like syphilis. Mississippi, Michigan and Washington, DC all require a blood test before obtaining a marriage license. However, most will accept other documentation, such as a doctor’s report or private clinic test results, in lieu of a state-conducted test. Plus, positive outcomes aren’t usually a barrier to marriage: In most cases, states simply want both parties to have information about each other’s health so they can proceed with their marriage in an informed manner.
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