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

Can you have a wedding ceremony without a marriage license? Here's what to know!

 

Things happen, and sometimes we miss a couple steps on the way to the wedding altar… Even kinda big ones, like the marriage license. Maybe someone lost it, maybe you didn’t know you needed one in the first place, or maybe you didn’t have an extra twenty or fifty bucks lying around to buy one. 

 

Whatever the reason, many couples and wedding officiants have wondered: 

 

 

Can you get married without a marriage license?

 

In a word, no. But it’s not always that simple, so don’t panic. Take a look at a few common scenarios, with suggestions on what to do next. 

 

There is one exception: A legal marriage without a license is called a common law marriage; but very few states recognize these types of unions. We talk about this more below. 

 

 

(Photo: Marc Dufresne / iStock)

 

 

Can You Have a Wedding Without a Marriage License?

Common Situations & Solutions

 

Can you have a wedding without a marriage license? The short answer is no, but if you find yourself without a marriage license on the wedding day, different circumstances will call for different solutions. Here's what to do! 

 

 

• "We lost our marriage license." 

 

A lost marriage license can send even the most chill nearlyweds into a panic, but don't worry! You've still got options:

 

If you lose a marriage license before it’s been signed, you’ll need to replace it before the wedding day. Contact the clerk’s office where you first applied and request a duplicate license. You may need to sign and file an affidavit, and you’ll probably be required to pay an additional fee. 

 

If you lose a marriage license after it’s been signed, but before it’s returned to the county recorder, you, your officiant, and any witnesses will all need to sign the duplicate. Do this as soon as possible, because states limit the amount of time you’ll have to file.

 

 

•  "We applied for a marriage license but forgot to bring it to the wedding ceremony." 

 

If you were issued a marriage license but forgot to bring it with you to the wedding ceremony, you have two options: 

1) Ask your officiant and guests to wait while you go get it.
2) Revise your wedding script into a commitment ceremony. 

 

If you head home for the license, be prepared to pay more to cover your officiant’s and vendors’ time. Keep in mind that some officiants book multiple weddings on one day, so they might not even be able to wait. This is yet another reason why having someone in your wedding party ordained, and ready to serve as a backup officiant, is an awesome idea.

 

If you go forward with a commitment ceremony, you’ll need to remove any references to marriage from the wedding script. It’s a misdemeanor in some states for an officiant to perform a wedding ceremony without a marriage license physically present, so this is important. Make a plan with your officiant to sign the license at another time during a 'sign and go' ceremony, to make things official.

 

Use this Simple Commitment Ceremony Script

 

 

If you forget your marriage license the day of the wedding, make a plan to meet with your officiant after the ceremony to complete the document. This can be a quick and simple 'sign and go ceremony' to make things official. (Photo: PeopleImages / iStock)

 

 

• "We forgot to get a marriage license before the wedding."

 

If you did not apply for a wedding license before your wedding, you have a few options depending on how much time is left:

 

If there's still time before the wedding date, apply now! Some states allow same day weddings, which means you can apply for a license and get married on the same day. Other states have marriage waiting periods of 1 to 3 days, which means that you can hold your wedding 1 to 3 days after you're approved for a marriage license.

 

See the marriage license waiting period in your state: 

 

• Marriage License Waiting Period

 

If there's no time left to apply before the ceremony, and you can't reschedule, you will need to have a commitment ceremony instead. Commitment ceremonies are similar to weddings but they don't have a legal aspect, and you can't use certain words like 'married' or 'spouse.' After your commitment ceremony, you can apply for a marriage license, sit back down with your officiant, and sign the official paperwork. (You're official marriage date will be the day you complete the marriage license.)

 

If you already had a wedding ceremony without a marriage license, you aren't legally married. (And if an ordained minister or professional wedding officiant performed your ceremony without a license, they may have committed a misdemeanor.) In this case, you'll need to apply for a marriage license, have it signed by authorized officiant, and return it to the clerk's office within your state’s deadlines for expiration and return. (You're official marriage date will be the day you complete the marriage license.)

 

 

 

 

 

• "We forgot to send in our marriage license." 

 

If you forgot to return your marriage license to the clerk's office after the ceremony, what you do next will depend on how much time has passed since your wedding day. Every state has its own laws on how much time you to send in your completed paperwork, called the 'return period.'

 

See when to return a marriage license to the courthouse / clerk's office:

 

• When Should The Marriage License Be Returned?

 

 

If it’s past your state’s deadline to return the license, you’ll need to contact the county clerk and ask what to do next. You might be required to apply for a new license, file an affidavit, or pay an additional fee. 

 

If the deadline hasn’t passed, get yourself to the clerk’s office, stat! Some states require a license to be returned by the wedding officiant, while others require the newlyweds to return it, so make sure to follow the instructions you received from the clerk when you filed your application.

 

 

• "We’re in a common law marriage already, but now we want a wedding ceremony."  

 

As we mentioned above, a legal marriage without a license is called a common law marriage or informal marriage. This is the only instance in which you can get legally married without a marriage license, but it isn't an option in most states.

 

Very few states recognize common law marriages, and even then it's under only a few very specific circumstances. This is important to emphasize become some couples assume they are common law married because they've been together for many years, only to find out they aren't! 

 

Which states recognize common law marriages? 

 

• Check out A Short Introduction to Informal & Common Law Marriage to see if common law marriage laws apply to you.

 

Can you have a wedding if you're common law married? 

 

If you do meet their requirements for common law marriage, you may still want a wedding, and wonder if you'll need a license to hold a formal wedding ceremony. It depends! In this case, we recommend you contact your county or city clerk directly to ask questions. In some cases, there may be a similar but separate form to file, such as the Registration of Informal Marriage form in Texas. 

 

 

(Photo: Dobrila Vignjevic / iStock)

 

 

• "I'm marrying the same person again. Do I need a new marriage license?" 

 

Any time you enter a new marriage, you need a new marriage license. This goes for couples who remarry each other, too. 

 

Be aware that some states require a waiting period between the end of your last marriage and the start of a new one, even if it's with the same person. And about half of all states have a waiting period between a divorce / dissolution and applying for a new marriage license… So plan ahead! 

 

 

• "Do I need my marriage license to remarry someone new?"

 

If you're remarrying, you will need to apply for a new marriage license with your new spouse-to-be. Some states will ask you to submit proof of your previous divorce (or divorces) when you apply. This proof of divorce is usually all that's required (rather than copies of previous marriage licenses), but you will need to check with your clerk's office because every state has its own laws.

 

 

Did we miss anything? 

 

If you find yourself in a situation that we didn’t cover here, the best thing to do is contact the county you first applied for a license in, or the county you want to get married in, and ask them what to do next. 

 

In some cases, the best and simplest solution will be to plan on having two wonderful celebrations -- one informal gathering without a license (but lots of love), and one with an authorized officiant and a marriage license to make things legal. 

 

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More Marriage License Advice & Wedding Ideas

 

• What do I do with the marriage license after the Wedding?

 

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

 

• Pagan Wedding Altars : An Illustrated Look at a Year and a Day Altar

 

• The Best Worst Wedding Jokes (You’ll Secretly Laugh At)

 

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Ask a Friend or Family Member to Perform Your Wedding Ceremony! 

 

Good things happen when friends and relatives help out at the wedding ceremony! Having a friend officiate your wedding or elopement is 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 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.

 

Officiating weddings is an incredible honor, and a great way to show your love and support for the people getting married. As a wedding officiant, you will help to create memorable ceremonies and memories that last a lifetime.

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 cropped: O_Lypa / iStock)

 

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