The T-Male

MARRIAGE LAWS/REQUIREMENTS BY STATE

SOUTH CAROLINA thru WYOMING

It is recommend contacting your County Clerk's Office before applying for your marriage license.


Do you have marriage tips for these states or your personal marriage story? Tell Nick, he'll post the information!   info@thetransitionalmale.com       Updated Nov. 18, 2006


THE T

SOUTH CAROLINA

ID Requirement: Drivers License and Social Security number.

Residency Requirement: Do not have to be a resident of South Carolina.

If previously married: No proof of divorce is required.

Application Requirement: Both parties to a marriage should appear in person at the office of a South Carolina County Probate Judge and file a written application. This application asks for the full name, social security number, age, and place of residence of both the bride and the groom. It is a sworn statement that must be signed by both the bride and the groom and notarized in the office of the Probate Judge.

Fees: $15 - Cash Only.

Waiting Period: There is a 24-hour waiting period after the application is filed before the license can be picked up and the marriage can take place. If you want to get married on a weekend, make sure you apply for a marriage license by Thursday so you can pick up your license by Friday.

Blood Tests: No blood test or physical exam is required.

Under 18: If you are under the age of 18, parental consent can be granted for boys who are at least 16 years old and for girls who are at least 14 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.

If you are 18 years old or older, you do not need parental consent. But you must provide proof of your age (or simply identification if you're over age 25) by presenting one of the following:

  Valid driver's license;

  Original birth certificate or a certified copy of your birth certificate;

  Valid South Carolina identification card issued by the South Carolina Department of Public Safety;

  Current military identification card;

  Current passport.

Proxy Marriages: No. Both parties must be present.

Common Law Marriage: No.

Cousin Marriage: Yes. First cousin.

Same Sex Marriage: No.

Officiants: Ministers of the gospel who are authorized to administer oaths in this state may perform marriages. Ministers must complete the marriage license and give one copy to the parties and the other two must be returned to the county judge of probate who issued it within 15 days after the marriage.

Valid: There is no expiration date for a South Carolina marriage license.
The license can only be used within the State of South Carolina.


SOUTH DAKOTA

It is recommend contacting your County Clerk's Office before applying for your marriage license.

ID Requirement: Drivers License or a certified copy of a Birth Certificate.

Residency Requirement: Do not have to be a resident of South Dakota.

If previously married: Proof of divorce may be required.

Application Requirement: Both parties to a marriage should appear in person at a Register of Deeds Office in a South Dakota county.

Fees: $40 - Some offices accept only cash and travelers checks.

Waiting Period: No waiting period.

Blood Tests: No blood test or physical exam is required.

Under 18: Applicants 16 and 17 must have parental consent. South Dakota law does not permit marriage of those under 16.

Proxy Marriages: No. Both parties must be present.

Common Law Marriage: No.

Cousin Marriage: No.

Same Sex Marriage: No.

Solemnization of Marriage: The marriage must be solemnized within 20 days from the purchase of your license or the license becomes void. Call the Sturgis Chamber of Commerce at (605) 347- 2556 for a listing of individuals who can perform solemnize marriages.

Once you are married, the individual who solemnizes the marriage must return the license to the Register of Deeds within 10 days. If not, there will be no record of your marriage. Marriage may be solemnized by a justice of the supreme court, a judge of the circuit court, a magistrate, or any person authorized by a church to solemnize marriages. See SDCL 25-1 for specific statutes.

Officiants: Marriages may be performed by a minister of the gospel, or priest of any denomination. Ministers must provide the bride and groom with marriage certificates upon request. Ministers must also keep a record book of all marriages they perform. Finally, the minister must send a marriage certificate to the clerk who issued the marriage license within 30 days after the marriage.

Valid: License is valid for 20 days.
The license can only be used within the State of South Dakota.


TENNESSEE

ID Requirement: Valid Driver's License or Certified Birth Certificate or Valid Passport.

Residency Requirement: Do not have to be a resident of Tennessee.

If previously married: A copy of Divorce Decree.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Fees: $95 unless you receive 4 hours of marriage counseling. If your county approves your counselor and your completed session, you will be given a $60 discount. If your session is not approved by either the counselor or county, you must pay $95 instead of $35.

Waiting Period: No waiting period. 3 Days if either applicant is under 18.

Blood Tests: No blood test requirement.

Under 18: If either party is under the age of 18, they must be accompanied by parents.

  If under the age of 16, Tennessee law requires that the couple receives a court order before being allowed to marry.

Proxy Marriages: No. Both parties must be present.

Common Law Marriage: No.

Cousin Marriage: Yes. First cousin marriage is allowed. All consanguineous prohibitions in Tennessee refer to lineal relations. Cousins are lateral relations and are therefore not prohibited.

Same Sex Marriage: No.

Officiants: All regular ministers of the gospel of every denomination, and Jewish rabbis, more than 18 years of age, having the care of souls may perform marriages. Ministers must endorse the marriage license and return it to the clerk of the county court within three days after the marriage.

Valid: License is valid for 30 days.
The license can only be used within the State of Tennessee.


TEXAS

It is recommend contacting your County Clerk's Office before applying for your marriage license.

ID Requirement: Certified copy of birth certificate; or valid driver's license or other acceptable I.D. issued by the state, another state, the United States, or a foreign government.

  Either bring your Social Security card or know your Social Security number.

  If you want to use your maiden name on the license bring a certified copy of your birth certificate or a certified copy of your divorce decree that states name is to be changed to maiden name.

Residency Requirement: Do not have to be a resident of Texas.

If previously married: If your divorce was finalized within 30 days, bring certified copy of the divorce decree stating the 30 day waiting period is waived.

Application Requirement: Both parties must appear, together or separately, to apply. (Portions of the application process may be completed by absentee application if one party is unable to appear in person).

Fees: $36+ - Cash Only.

Waiting Period: Marriage licenses have a 72 hour waiting period -- unless waived due to active duty military status.

Blood Tests: No blood test requirement.

Under 18: If either party is under the age of 18, they must be accompanied by parents.

  If under the age of 16, Tennessee law requires that the couple receives a court order before being allowed to marry.

Proxy Marriages: Yes.

Common Law Marriage: No.

Cousin Marriage: No.

Same Sex Marriage: No.

Officiants: All regular ministers of the gospel of every denomination, and Jewish rabbis, more than 18 years of age, having the care of souls may perform marriages. Ministers must endorse the marriage license and return it to the clerk of the county court within three days after the marriage.

Valid: License is valid for 30 days.
The license can only be used within the State of Texas.

Please Note: As of September 1995 Texas Law requires that a notarized statement pertaining to child support be submitted by all marriage license applicants. This form may be obtained at the same time you apply for your marriage license. It must be signed and completed in the presence of two witnesses and a notary public. No applications can be processed without the proper submission of this statement.


UTAH

It is recommend contacting your County Clerk's Office before applying for your marriage license.

ID Requirement: Valid picture ID such as a passport, birth certificate, drivers license, or state ID card must be presented.

  Either bring your Social Security card or know your Social Security number.

  If you want to use your maiden name on the license bring a certified copy of your birth certificate or a certified copy of your divorce decree that states name is to be changed to maiden name.

Residency Requirement: Do not have to be a resident of Utah.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

For those wishing to be married, a marriage license is necessary. In order to obtain a marriage license, you must contact a county clerk within thirty days of your scheduled wedding.

Fees: $45+ - is applicable in most counties. The fee will include two certified copies of the license.

Please Note: In some counties, there is no fee, but an additional charge for the certified copies may be applied.

Waiting Period: No waiting period.

Blood Tests: No blood test requirement.

Under 18: Utah law states that marriage at the age of 18 years and above does not require parental consent. For those aged 16-17, parental consent is necessary. For those 15 years old, the following requirements must be met:

  Parental consent must be obtained.

  Approval from Juvenile Court is necessary. The court must conclude that the marriage    is voluntary and in the best interests of the minor.

  The court may require premarital counseling where and when appropriate.

Common Law Marriage: Yes. A common law marriage is a situation where a man and woman have never had a formal wedding ceremony but may be declared husband and wife. Filing for common law marriage will allow the court to assist in matters such as custody or the division of property. Utah does recognize the validity of common law marriages. In order for a common law marriage to be filed, the following qualifications must be met:

  Both parties must be competent and able to give consent.

  Both must be able to be married.

  Both must be living together as man and wife.

  Both have assumed marital responsibilities and duties.

  Both must have "held themselves out" as husband and wife such that others perceived    them to be married.

Cousin Marriage: Yes. If both cousins are over the age of 65, or over the age of 55 and can prove sterility. This is a very important exception, as many cousins do get married in their senior years.

Proxy Marriages: No. Both parties must be present.

Same Sex Marriage: No.

Officiants: Ministers of the gospel or priests of any denomination who are in regular communion with any religious society may perform marriages. Ministers must provide a certificate of marriage to the county clerk who issued the marriage license within 30 days after the marriage.

Miscellaneous: A minister, rabbi, priest, mayor, judge, county clerk, Native American spiritual adviser, the Governor, court commissioners and judges, as well as particular members of the legislature. If you wish to be married by a county clerk, call your local county clerk office to set up an appointment. You must additionally bring two witnesses over the age of 18 and pay an additional fee for the ceremony.

Valid: License is valid for 30 days.
The license can only be used within the State of Utah.


VERMONT

It is recommend contacting your County Clerk's Office before applying for your marriage license.

ID Requirement: Valid picture ID and a certified copy of a Birth Certificate must be presented.

  You must know your legal town of residence and your place and date of birth; you will also need to know your parents' names, including your mother's maiden name, and the states where your parents were born. (A certified copy of your birth certificate can supply most of this information.)

Vermont law requires that at least one of you must sign in the presence of the town clerk, certifying that all facts are correct; however, most town clerks prefer to see both of you in person before issuing your license to marry, as the law requires that
they satisfy themselves that you are both free to marry under Vermont laws. they may legally ask to see documented proof of your statements, for example birth certificates, divorce decrees, etc. (18VSA, 5141)

If Previously Married: If you are a widow or widower, you are free to marry. You will be asked the date your spouse died. If you are divorced, you may remarry after the date on which your previous marriage is dissolved.

Residency Requirement: If both bride and groom are residents of Vermont, you may get your license from the Town Clerk in the town of residence of either one. If only one of you is a resident, go to the Town Clerk of the Vermont resident. Your license is valid anywhere in Vermont.

If neither of you are residents of Vermont, you need to go to a town clerk in the county in which you will be married. You may need to bring:

  proof of age (birth certificate)

  if divorced, a copy of divorce decree

  if widowed, spouse's death certificate

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Fees: $20+ - Cash Only.

Waiting Period: No waiting period.

Blood Tests: No blood test requirement.

Under 18: If you are at least 16, but under 18, you will need the consent of a parent or guardian.

Anyone under guardianship may not marry without the guardian's written consent. Vermont also does not allow marriage between most close relatives. You cannot marry in Vermont to evade the laws of the state where you live. You cannot marry if either of you is currently married to someone else. The law also requires that both parties be of sound mind.

Marriage Ceremony: Your marriage can be performed by: A judge, supreme court justice, assistant judge, justice of the peace, or an ordained or licensed minister, rabbi or priest residing in Vermont or authorized by their denomination. If the officiant does not reside in Vermont, or is not recognized by the State of Vermont, they must file for a permit from a Probate Court in the county where the marriage will take place.

You must deliver the license to the officiant before the marriage can be performed. After the ceremony, the officiant will complete the license, sign it, and return it to the town clerk's office within 10 days of the ceremony so your marriage may be officially registered.

Cousin Marriage: Yes.

Proxy Marriages: No. Both parties must be present.

Same Sex Marriage: No. However, civil unions are. If you sincerely love and care about your Partner, protect your union legally! You will save each other untold grief and heartache should the worse case scenario ever happen!

When it comes to Partnership Rights in Emergency situations? It does NOT matter how long the two of you have been together as Partners! Most States will regard you as TOTAL STRANGERS should a medical emergency ever arise where one of you is left unconscious!! Your Partner can be barred from the hospital, be unable to receive information about your condition, and not allowed to make any medical decision on your behalf!

3 simple things to protect yourselves:

1. Draft A Will & Power of Attorney.
2. Have a Civil Union or Domestic Partnership Performed.
3. Fill out a Medic Alert Registration and Emergency Card.

It is not as difficult as it seems to do these 3 critical things!

Wills and Power of Attorneys can be drawn up in usually one visit to a competent Lawyer! A little bit of effort can save a lifetime of heartache for both of you!

Officiants: Ordained ministers residing in this state may perform marriages. Non-resident ordained ministers may perform marriages with the permission of the probate court of the district within which the marriage is to take place. Ministers must complete the marriage license and certificate of marriage and return it to the clerk's office from which it was issued within ten days from the date of the marriage.

Miscellaneous: You will need a copy of your marriage certificate if you want to change your name legally (ie Social Security, etc). You may request (in person or in writing) a copy from the town clerk 2 or more weeks after the ceremony.

Valid: License is valid for 60 days.
The license can only be used within the State of Vermont.


VIRGINIA

ID Requirement: Valid picture ID and a certified copy of a Birth Certificate must be presented.

A license for marriage in Virginia is issued by the clerk, or his deputy, of the circuit of the county or independent city of which either the bride or groom is a resident; or if neither the bride nor groom is a resident of Virginia, the license may be obtained in any county or city. In either case the ceremony may be performed elsewhere in the State. Applicants must, under oath, furnish information, required to complete the marriage record. These items are material matters, and the applicant may be subject to prosecution for perjury for violation of the portion of the statues which requires this information.

If Previously Married: If divorced there is no statutory waiting period before remarriage after the divorce is granted, unless remarriage is specifically prohibited by a court. In some cases, clerks may require documentary proof of age or termination of a previous marriage. Most of the offices of the clerks are closed on Saturday

Residency Requirement: Do not have to be a resident of Virginia
  No license issued to Out of State couples who are under the age of sixteen.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Fees: $30 - The justice of the peace is by donation only. He or she may be permitted to charge up to $30 for each couple getting married.

Waiting Period: No waiting period.

Blood Tests: No blood test requirement.

Under 18: The minimum age for marriage in the State of Virginia is sixteen years for both bride and groom; however, if either party is under eighteen, consent to the marriage must be given by the father, mother, or legal guardian. This may be done personally by the parent or legal guardian before the person issuing the license, or by a written consent properly sworn to before a notary public. Special provisions are made in Virginia law to allow marriage for underage parties when the female is pregnant and for situations in which underage applicants have no parent or legal guardian.

Marriage Ceremony: A minister of any denomination. The minister must produce proof with the religious society. Also, persons appointed by the court may perform the ceremonies. These such persons are called a Justice of the Peace.

The officiator signs and completes the Marriage Register and both forms are returned to the clerk within five days. Then forwarded to the State Division of Vital Records. The couple receives a marriage certificate.

Prohibited Marriages:
  A marriage entered prior to the dissolution of an earlier marriage of one of the parties.

 A marriage between an ancestor and descendant; or between a brother/sister, uncle/niece, and aunt/nephew, whether the relationship is by half-blood, whole blood, or adoption.

 When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity.

 A marriage between two persons of the same sex.

 "Common law" marriages are not valid if entered into Virginia or any other jurisdiction which does not permit them for its residents.

Officiants: Ordained ministers residing in this state may perform marriages. Non-resident ordained ministers may perform marriages with the permission of the probate court of the district within which the marriage is to take place. Ministers must complete the marriage license and certificate of marriage and return it to the clerk's office from which it was issued within ten days from the date of the marriage.

Miscellaneous: There is no statutory requirement that witnesses be present at the marriage ceremony.

Valid: License is valid for 60 days.
The license can only be used within the State of Virginia.


WASHINGTON STATE

ID Requirement: Valid Driver's License, Certified Birth Certificate or Valid Passport.

If Previously Married: A divorce must be final and filed before applicants can apply for a license. Documents are not necessary.

Residency Requirement: Do not have to be a resident of Washington

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Fees: $52 approximately - cash only. Varies from County to County.

Waiting Period: Three day waiting period.

Blood Tests: No blood test requirement.

Under 18: Applicants between 17 and 18 years of age need to have a parent (legal custodian) present with them to provide their consent. If you are under 17 years old, you will need to have the age requirement waived by a superior court judge of the county in which one of the parties resides. Proof of age such as a driver's license or birth certificate is also required along with the written permission of the family court. Emancipated minors must present court emancipation papers specifically allowing the minor to marry.

Proxy Marriages: No.

Officiants: Regularly licensed or ordained ministers or any priest of any church or religious denomination anywhere within the state may perform marriages. Ministers must send two certificates of marriage to the county auditor within 30 days after the marriage.

Valid: License is valid for 60 days.
The license can only be used within the State of Washington.


WASHINGTON D.C.

ID Requirement: Valid Driver's License and Birth Certificate.

Residency Requirement: Do not have to be a resident of the District of Columbia.

Application Requirement: Both the bride and groom must appear in person at the time of applying, apply at least one month prior to getting married.

Waiting Period: 5 days.

If Divorced: If previously married, you need a copy of divorce or death decree.

Fees: Cash Only! - $45.00

Other Tests: Yes. A medical exam for venereal disease is required. Test is valid for 30 days. Requirements may vary from county to county.

Under 18: Both applicants must be at least 18 years old to obtain a marriage license. With parental consent, the male must be at least 16 years old and the female must be at least 16 years old. Parental consent must be provided either in person or by notarized letter.

Officiants: Ordained ministers of the gospel may perform marriages. Marriage licenses are addressed to the minister who will perform the ceremony. The minister must complete a marriage certificate for the bride and for the groom and return another certificate to the clerk of the District of Columbia Court of General Sessions within 10 days after the marriage.

Valid: License has no specified time frame.
An unsigned license can be used throughout the District of Columbia.


WEST VIRGINIA

Age Requirements and Consent

The minimum age for marriage in the Commonwealth of Virginia is sixteen (16) years for both the bride and groom; however, if either party is under eighteen (18), consent to the marriage must be given by the father, mother or legal guardian. This may be done in person by the parent or legal guardian before the person issuing the license or by written consent properly sworn to before a notary public. Special provisions are made in West Virginia law to allow marriage for under age parties when the female is pregnant and for situations in which under age applicants have no parent or legal guardian.

 Prohibited Marriages

  1. A marriage entered into prior to the dissolution of an earlier marriage of one or both parties.
  2. A marriage between an ancestor and or descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by half or the whole blood or adoption.
  3. When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity.
  4. A marriage between persons of the same gender (same sex).
  5. "Common Law" marriages are not valid if entered into in Virginia or any other jurisdiction, which does not permit them for its residents.

 License Requirements

  1. Blood Test- There is no blood test requirement for marriage in West Virginia.
  2. Where to obtain license - A license for marriage in Virginia is issued by the clerk or his/her deputy clerk of a circuit court in any county or city in the Commonwealth of Virginia. The ceremony may be performed anywhere in the State. Applicants must, under oath, furnish information required to complete the marriage record. These items are material and the applicant may be subject to prosecution for perjury for violation of the portion of the statutes which requires this information. For divorced persons, there is no statutory waiting period before marriage after the divorce is granted unless remarriage is specifically prohibited by a court. In some cases, clerks may require documentary proof of age or termination of previous marriage. Most of the offices of the clerks of court are closed on Saturdays.

  3. Time Limitations - The marriage must be performed within sixty (60) days after the license is issued. There is no waiting period required between application and issuance of the license and a couple may be married immediately after the issuance of a license.

  4. Fees - A fee of $30 is charged by the clerk of court for issuing a marriage license. Any person authorized to celebrate the rites of marriage shall be permitted to charge a fee not to exceed $30 for each ceremony.

  5. Virginia issued license - The marriage license issued in Virginia is for marriages to be performed in the State of West Virginia.

  6. Marriages performed outside of Virginia - Marriages performed outside of West Virginia are filed in the state or country in which the marriage was performed. You must contact the state or country you were married in to obtain a copy of the marriage record.

 Marriage Ceremony

  1. Who may perform? - A minister of any religious denomination must be authorized by a circuit court to celebrate the rites of matrimony. To obtain such authorization, the minister must produce proof of his ordination and regular communion with the religious society of which he is a reputed member. In addition, the court in each city and county has appointed persons who are eligible to perform civil marriage ceremonies. For marriages between persons belonging to any religious society which has no ordained minister, refer to Section 20-26, Code of Virginia, Domestic Relations.

  2. Witnesses - There is no statutory requirement that witnesses be present at the marriage ceremony.

  3. Marriage Record - The minister or other person officiating at the marriage must complete and sign the Marriage Register and the Marriage Return and forward both forms to the clerk of the court who issued the license within five (5) days after the ceremony is performed. The Marriage Return is forwarded by the clerk of the court to the State Division of Vital Records. In addition to the forms to be returned to the clerk, the officiate may also prepared a certificate to be given to the newly married couple.


Note: If the minister or person who performs the marriage ceremony does not return the Marriage Register and the Marriage Return to the clerk of the court who issued the license, there will be no record of the marriage in the courts or with the state.

WISCONSIN

ID Requirement: You must bring your Social Security Number, show proof of residence, have a certified copy of your birth certificate if you are under the age of 30. Know your parents
full names, mothers' maiden names. Make sure you have the
date and place of your marriage ceremony and the name,
address and phone number of the officiant.

Residency Requirement: One of you needs to have resided in the county where you are applying for at least 30 days. If you are from out-of-state, you must apply in the county where the ceremony will take place.

If Previously Married: You must show proof of divorce, death or annulment from your most recent marriage. You need to wait six months after a divorce before getting remarried. Copy of judgment of divorce, legal annulment or death certificate from most recent marriage.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Waiting Period: 6 days. If one or both of the parties is coming from out of state for the wedding, you can ask for a waiver of the waiting period when you apply for your license. The cost of the waiver is $10, making the total needed at time of application $70 in cash.

Fees: $60.00. Be prepared to pay in cash.

Blood Tests: No blood test requirement.

Under 18: If either the bride or groom is under 18, you must have written, notarized consent from his or her parents or guardian. There is a Consent form available to be signed by parents or guardian before a County Clerk.

Proxy Marriages: No.

Cousin Marriages: No.

Common Law Marriages: No.

Same Sex Marriages: No.

Officiants: Ordained member of the clergy, a judge, a court commissioner, or certain religious appointees. You and your prospective spouse may officiate under established customs or rules of some religions.

Valid: License is valid for 30 days.
The license can only be used within the State of Wisconsin.


WYOMING

ID Requirement: Valid driver license, and have a certified copy of your birth certificate. Know your parents full names, birth places, and mothers' maiden name.

Residency Requirement: Do not have to be a resident of Wyoming.

If Previously Married: If either applicant has been married before, you may be required to bring Proof of Dissolution.

Application Requirement: Both the bride and groom must appear in person at the time of applying. You can obtain a
license at the County Clerks' Office.

  You must bring a witness who knows the two of you at the time you apply.

Waiting Period: There is no waiting period.

Fees: $25. Be prepared to pay in cash.

Blood Tests: No blood test requirement.

Under 18: Applicants must be at least 18 years old or with written parental consent.

  Applicants under 16 years of age only with court order.

Proxy Marriages: No.

Cousin Marriages: No.

Common Law Marriages: No.

Same Sex Marriages: No.

Officiants: Every licensed or ordained minister of the gospel may perform marriages. Ministers must give a marriage certificate to the bride and groom upon request and must return a certificate to the county clerk.

Valid: License is valid indefinitely.
The license can only be used within the State of Wyomin
g.


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