No marriage license, no marriage… but maybe a misdemeanor?

Wedding Officiants can face legal trouble for officiating a wedding without a marriage license... Here's what to know about state marriage laws!

 

Updated: February 19, 2025

 

Imagine all the hard work that goes into planning a wedding — creating a personalized wedding ceremony script, choosing the perfect thing to wear, picking the ideal wedding venue, sending out save the dates and wedding invitations, and finding a menu and entertainment that will keep everyone happy (including the kids). It’s a lot to manage, especially for a milestone event with lifelong significance. But at least, in the end, two people who love each other are officially married, right? Well… not always.

 

If you don't have a marriage license for your officiant to sign on the wedding day, you probably aren't married. To make matters worse? Your wedding officiant could be in legal hot water for performing a ceremony without one, depending on where you live.

 

Learn More: Can you get married without a marriage license? What if you lost it? Or forgot it?

 

It happens often enough that many officiants refuse to perform a ceremony unless they have the license in hand at least 30 minutes before the vows. They’ll offer their sympathies — but not their time. It's that simple: No marriage license, no wedding!

 

 

Wedding officiants: keep it legal! The couple must apply for a marriage license before the wedding ceremony and bring it with them for you to sign on the wedding day. As a best practice, make sure you see the license for yourself before you start the ceremony. (Illustration: Jessica Levey)

 

 

What happens if you don't have a marriage license the day of the wedding? 

 

If you find yourself without a marriage license the day of the wedding, some officiants will ask you to postpone the ceremony.  And some officiants may agree to change the wording of their script to deliver a commitment ceremony, rather than a legally-binding wedding ceremony.

 

(Here’s a Civil Wedding Ceremony Script that can be adapted for a commitment ceremony, for example.)

 

Others might take the risk and proceed with the wedding ceremony as-is, assuming the paperwork can be signed later. But that’s not without consequences. In some areas, performing a wedding without a marriage license could be considered a misdemeanor, carrying fines or even jail time.

 

(Want to avoid legal trouble? Check the marriage laws in your state.)

 

How to Prevent This Wedding Day Disaster

 

To avoid making these tough decisions the day of the wedding, couples and officiants should talk about the marriage license early in the wedding planning process. Make sure the couple knows it's their responsibility to acquire a marriage license before the ceremony, and that they know to bring it with them on the big day. Wedding officiants may even include time guidelines in their standard contract to ensure couples follow through.

 

On the day of the ceremony, the officiant should check the license in person before the ceremony begins to make sure it's present. This eliminates the risk of hard feelings, disappointment, and legal complications -- and it ensures the couples will have happy memories and a binding marriage! 

 

(Read How To Fill Out A Marriage License As An Officiant for helpful instructions on correctly filling out your marriage license.)

 

After the wedding ceremony is over and the marriage license is signed by the officiant and any witnesses required by your state, it must be returned and filed for the marriage to be finalized.

 

Find guidelines for returning a marriage license in your state, and a lot of other useful information about licenses here: An Introduction to the Marriage License.

 

 

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Ask a Friend to Officiate Your Wedding!

Good things happen when friends and relatives help out at the wedding ceremony! Having a friend officiate your wedding is more affordable than hiring a professional officiant, and a great way to ensure the wedding day is as intimate and personal as it can be. When a loved one officiates, every moment means more! 

Ask a friend or family member to officiate your wedding with free online ordination through American Marriage Ministries (AMM). 

ORDAINED MINISTER ONLINE APPLICATION

Why choose AMM? American Marriage Ministries is an inclusive nondenominational internet church that ordains and trains ministers to officiate marriage ceremonies. We are a recognized 501(c)(3) nonprofit church, and help people from all backgrounds and beliefs become ordained ministers for weddings. Our online ordination is free, accessible, and never expires.

AMM Ministers can legally officiate weddings in every state* (it's much harder in Virginia, where we're looking into our options). After getting ordained with AMM, you might need to register your ordination with your local county clerk’s office. Click the link above to get started! 

 

 

Become an ordained minister online with American Marriage Ministries and officiate wedding for friends and relatives. (Photo: iStock)

 

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