Why it’s a Big Deal to file your marriage license correctly (And how to do it)

Do you have to file a marriage license? Yes! Use this simple guide to ensure your license is returned correctly after the wedding

 

If you’ve been reading the news lately, you might have seen this article about a professional wedding officiant in Indiana who forgot to file a couple’s marriage license — leaving them legally unmarried for more than a month. What should have been a simple task turned into a frustrating legal process. Here's what happened, and how you can avoid the same mistake. 

 

Officiant Angel Bodenhamer, manager of Indiana Wedding Design, performed what bride Sarah Mueller described as a “lovely” wedding ceremony. But when Mueller tried to get a copy of her marriage license from the courthouse a month later, she was shocked to discover it had never been filed. Technically Mueller wasn't married at all! 

 

When Mueller contacted Bodenhamer for help, she got no response. In the end, she and her husband had to purchase a new marriage license from the courthouse and complete the paperwork again, filing the license themselves. It was a frustrating and stressful process that Mueller calls “a sore spot."

 

For some couples, a delay like this could cause serious problems. Beyond the emotional importance of marriage, there are legal and practical reasons to make sure your marriage license is properly filed. From insurance and houseing for spouses, added security for families with children, filing taxes, and immigration benefits, getting the legal paperwork in on time matters. 

 

Below, we've gathered the important information you need to know to ensure a marriage license is filed correctly -- whether you’re the one getting married or the one officiating a wedding. We'll answer common questions like who files the marriage license in your state, where to file a marriage license, and when. 

 

Questions about applying for your marriage license first? 
 

If you still haven't applied for your marriage license, you'll want to do that first. Find detailed information about how to apply for your marriage license, how to fill out a marriage license, and other advice about the marriage license process in the AMM Officiant Training Pages: 

 

► Understanding the Wedding License Process

 

 

(Photo by Romain Dancre on Unsplash)

 

 

How to File a Marriage License: FAQs & What to Know About Returning a Marriage License After the Wedding

 

• Does a marriage license expire? 

 

Yes, your marriage license will expire if it's not used before the "expiration date" or "expiration period," and you won't be able to file it. The "expiration date" refers to the specific number of days a marriage license is valid after it's issued, and each state sets its own rules. You must hold your ceremony within your wedding-state's timeframe in order to be legally married. 

 

For example, a marriage license is valid for 60 days in Ohio, meaning you must hold your wedding within 60 days of being issued a license -- and shouldn't apply for your license more than 60 days before your wedding date. In Nevada, on the other hand, a marriage license is valid for an entire year, and you can apply for your license any time within a year of your wedding date.

 

Learn how long a marriage license is valid in your state: 

 

• State by State Wedding Info: Marriage License Expiration Period
   

Remember, your wedding must take place within your state's timeframe (or "expiriation period), or you won't be able to file your marriage license. 

 

 

• When do you have to return the marriage license?

 

Your marriage license must be returned on time to be filed correctly, which usually done by your wedding officiant. This timeframe is called the "return period" or marriage license "return date." Each state sets its own rules for when a marriage license must be returned for you to be legally married, and your wedding officiant should know this date.

 

In the example above, the couple's officiant never returned their license -- missing the return period and resulting in a lot of stress and confusion for the couple. Don't let this happen to you! If you try to return a marriage license too late, you'll probably have to purchase and complete a new license instead.

 

Learn when to return a marriage license in your state: 

 

• State by State Wedding Info: Marriage License Return Date

 

In some states, the "return date" is the same as the expiration date. However in most states, you and your officiant will only have a few days to return the marriage license to ensure it's filed properly. 

 

If you're in charge of returning the license, circle this date on your calendar, set an alert on your phone, and make sure the marriage license is returned on time! 

 

Which brings us to our next common question... 

 

 

• Who files the marriage license after the wedding?

 

In most cases, it's the wedding officiant's responsibility to return a marriage license after the wedding, so that it can be filed with the clerk's office. In a few cases, however, the couple may be responsible for filing the license themselves. Because each state sets its own rules, it's important to ask the clerk's office "who files?" when applying for your license. 

 

Ask who’s responsible for filing the marriage license in your county by speaking with your county clerk before the ceremony. Should it be returned by you, or by your wedding officiant? This information is usually provided by the clerk when you’re issued your marriage license, but it’s helpful to double-check to ensure your paperwork is properly filed. 

 

 

• Where to return the marriage license in your city or state?

 

Now you know who returns the license and when, but where are you supposed to return it? This depends on where you get married, because each state sets its own rules: some states require a license be returned to the same clerk's office that issued it, while others will let you return it to any clerk's office in any county in the state. 

 

Ask the clerk's office "where to return the license?" when applying for your license. You can also ask if the return should be done in person or by mail. Gather this info before the ceremony, and coordinate with your wedding officiant so that you have a plan in place.

 

 

• "I made a mistake on my marriage license"  (& What to do!)

 

You may not be able to file your marriage license if it includes mistakes, so it's important to follow all instructions carefully and double-check details before you put pen to paper. Marriage licenses get denied all the time for simple mistakes like using the incorrect ink color, making spelling errors,  forgetting a signature, writing outside the lines, or having food or drink smudges. Your officiant will also need to write their correct title and denomination to ensure the license is accepted by the clerk.

 

Find out more details about how to fill out a marriage license correctly as an officiant:

 

• How To Fill Out A Marriage License As An Officiant

 

If you discover an error on your marriage license, or make a mistake while filling it out, contact the clerk's office right away. Let them know what happened, and ask what steps to follow. 

 

 

• What if i don't file my marriage license?

 

If you or your officiant don’t file the license, you may not be legally married until you do, even if you’ve already held a wedding ceremony. If your marriage license expires or you miss the return deadline, you may need to apply for a new license to get married. 

 

For a list of possible scenarios and what to do if you don't have, or don't file, a marriage license, read: 

 

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

 

 

• How to find out if a marriage license was filed? 

 

To find out if your marriage license has been filed, contact your county clerk directly, or reach out to your state’s department of vital records and request a certified copy of your marriage certificate. These offices will be able to let you know if necessary paperwork is missing, and the steps you can take to correct it. 

 

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More Marriage License Tips & Topics From American Marriage Ministries

 

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

 

• Filling out a Marriage License: What religious denomination do I write down if I’m an atheist?

 

• Marriage License Basics

 

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