Getting Married in the United States: Legal Guide for Couples

Yes, you need a marriage license to legally marry in the United States. Marriage licenses are issued by county clerk's offices or similar local government agencies. Requirements vary by state, but typically both parties must appear in person, present identification, pay a fee, and sometimes provide birth certificates. Some states have waiting periods between obtaining the license and the ceremony, ranging from 24 hours to several days.

A marriage license is the document you obtain before your wedding that gives you legal permission to marry. A marriage certificate is the document you receive after your wedding that proves you are legally married. After your ceremony, the officiant typically submits the signed marriage license to the appropriate government office, which then issues your official marriage certificate.

Legal wedding officiants generally include: judges, court clerks, justices of the peace, ordained ministers, priests, rabbis, and other religious officials. Some states also allow temporary officiant status through one-day designations. Requirements vary by state, so check your specific state's laws. In some states, online ordinations are accepted, while others require more formal credentials.

Most states require at least one or two witnesses to sign your marriage license during or after the ceremony. Witnesses typically must be adults (18 or older), but specific requirements vary by state. The witnesses don't need special qualifications - they simply observe that the marriage took place and verify this by signing the license.

A prenuptial agreement might be worth considering if: one or both partners have substantial assets, own a business, expect significant inheritances, have children from previous relationships, or have significantly different income levels. Prenups establish how assets would be divided in case of divorce or death. To be legally valid, both parties should have independent legal counsel, full financial disclosure, and sign well in advance of the wedding date.

Marriage can significantly impact your tax situation. You'll have the option to file jointly or separately, with joint filing often providing tax benefits, though not always. Marriage may affect your tax bracket, deductions, credits, and potential marriage penalties or bonuses. Your combined income might push you into a higher tax bracket, but you may also qualify for new deductions. Consult with a tax professional to understand your specific situation.

Marrying a U.S. citizen can provide a path to permanent residency (green card) and eventually citizenship for non-citizens, but it's a complex process. The non-citizen spouse must apply for adjustment of status (if in the U.S.) or consular processing (if abroad). The process includes proving the marriage is genuine, medical examinations, background checks, and interviews. Working with an immigration attorney is highly recommended due to the complexity of immigration law.

If you choose to change your name after marriage, the process typically involves: 1) Getting your marriage certificate, 2) Updating your Social Security card first, 3) Updating your driver's license or state ID, 4) Changing your passport, 5) Notifying banks, employers, insurance companies, and other institutions. The process and requirements vary by state, and not all states automatically change your name when you marry - you must actively complete these steps.

A civil ceremony is performed by a government official like a judge or court clerk, without religious components, and focuses on the legal aspects of marriage. A religious ceremony is conducted by a religious officiant and incorporates religious traditions, readings, and practices specific to that faith. Both can create a legally binding marriage as long as you have a valid marriage license and meet your state's requirements. Some couples choose to have both.