Getting Married in Alabama: Legal Requirements and Process
Getting married in Alabama requires obtaining a marriage license from a county probate court, which is valid for 30 days. Alabama law requires both parties to be at least 18 years old (or 16-17 with parental consent), present valid identification, and pay a license fee that varies by county.
Alabama eliminated the mandatory waiting period for marriage licenses in 2019, allowing couples to marry immediately after receiving their license. However, requirements may vary slightly between counties, so check with your specific county probate court for any local regulations.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (Alabama Code § 30-1-5)
In Alabama, couples must obtain a marriage license from a probate court before getting married. Both parties must appear in person, present valid identification, and pay the required fee. There is no waiting period in Alabama, and the license is valid for 30 days from issuance.
Age Requirements (Alabama Code § 30-1-4)
Alabama law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 years old may marry with the consent of a parent or legal guardian. Alabama no longer allows marriage for those under 16 under any circumstances, following a 2019 law change.
Marriage Ceremony Requirements (Alabama Code § 30-1-7)
Alabama recognizes marriages performed by ordained ministers, priests, judges, retired judges, and certain other officials. The state also allows self-uniting marriages where couples can solemnize their own marriage without an officiant by filing the appropriate paperwork with the probate court.
Name Change After Marriage (Alabama Code § 30-1-11)
Alabama law permits either spouse to change their surname after marriage by presenting the marriage certificate to relevant agencies (Social Security Administration, DMV, etc.). There is no requirement that either spouse must change their name.
Prenuptial Agreements (Alabama Uniform Premarital Agreement Act)
Alabama recognizes prenuptial agreements that meet certain requirements. These agreements must be in writing, signed by both parties, and entered into voluntarily. They can address property division, spousal support, and other financial matters in case of divorce, but cannot determine child custody or support in advance.
Regional Variances
Northern Alabama
Huntsville requires marriage license applications to be submitted in person at the Madison County Probate Court. Both parties must be present with valid photo ID. There is a $70 fee for the marriage license, and there is no waiting period after receiving the license before the ceremony can take place.
In Birmingham (Jefferson County), marriage licenses cost $80 and can be obtained at the Jefferson County Probate Court. Both parties must appear in person with identification. Birmingham follows the state law of no waiting period, and the license is valid for 30 days after issuance.
Central Alabama
Montgomery County requires both parties to appear in person at the Probate Court with valid ID. The marriage license fee is $60. Montgomery County offers online pre-application to expedite the in-person process. The license is valid for 30 days after issuance.
Tuscaloosa County Probate Court issues marriage licenses for $73. Both applicants must appear in person with proper identification. Tuscaloosa follows Alabama's state law allowing marriages to be performed immediately after receiving the license.
Southern Alabama
Mobile County requires marriage license applications to be submitted at the Probate Court. The fee is $70, and both parties must present with valid ID. Mobile County offers an online pre-application system to reduce wait time at the courthouse. The license is valid for 30 days.
Baldwin County issues marriage licenses at the Probate Court in Bay Minette, Foley, or Fairhope. The fee is $75, and both applicants must appear with valid identification. Baldwin County follows the state law with no waiting period, and the license is valid for 30 days.
Suggested Compliance Checklist
Research Marriage Requirements in Alabama
1 days after startingBefore applying for a marriage license, research Alabama's specific requirements. In Alabama, both parties must be at least 18 years old (16-17 with parental consent). There is no waiting period after receiving the license, but the license is only valid for 30 days after issuance.
Gather Required Documentation for Marriage License
7 days after startingCollect necessary documents for your marriage license application. Both parties will need valid photo ID (driver's license, passport, etc.) and proof of Social Security numbers. If previously married, bring divorce decree or death certificate of former spouse.
Apply for Marriage License
14 days after startingVisit your county probate court to apply for your marriage license. Both parties must appear in person. The fee varies by county (typically $40-$80) and most offices accept cash only. The license is valid for 30 days from issuance and can be used anywhere in Alabama.
Consider a Prenuptial Agreement
30 days after startingDecide if a prenuptial agreement is appropriate for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Alabama, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consult with an attorney to ensure the agreement meets Alabama's requirements for enforceability.
Draft a Prenuptial Agreement
45 days after startingIf you decide to have a prenuptial agreement, work with an attorney to draft one that complies with Alabama law. The agreement should include full financial disclosure from both parties, be signed voluntarily without coercion, and be executed well before the wedding (ideally at least 30 days prior) to avoid claims of duress.
Apply for Name Change (if applicable)
60 days after startingIf you plan to change your name after marriage, prepare to file the appropriate applications. In Alabama, you'll need your certified marriage certificate to change your name with the Social Security Administration first, then with the Alabama Department of Public Safety for your driver's license, and finally with other institutions.
Update or Create a Will
75 days after startingMarriage significantly changes your legal status and automatically affects inheritance rights in Alabama. Create or update your will to reflect your new marital status and wishes. In Alabama, a valid will must be in writing, signed by you, and witnessed by at least two competent witnesses who also sign the document.
Establish Healthcare Power of Attorney
75 days after startingCreate a healthcare power of attorney to designate your spouse or another trusted person to make medical decisions if you become incapacitated. In Alabama, this document must be signed by you and witnessed by two adults or notarized. Your designated agent cannot serve as a witness.
Create a Durable Power of Attorney
75 days after startingEstablish a durable power of attorney to allow your spouse or another trusted person to handle financial and legal matters if you become unable to do so. In Alabama, this document must be in writing, signed by you, and notarized to be legally valid.
Update Beneficiary Designations
90 days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Alabama, these designations typically override will provisions, so it's crucial to ensure they reflect your current wishes after marriage.
Establish Joint Bank Accounts (if desired)
90 days after startingDecide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution together with identification to complete the necessary paperwork. In Alabama, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate.
Update Health Insurance Coverage
60 days after startingDetermine how marriage will affect your health insurance coverage. If adding your spouse to your employer-provided health insurance, contact your HR department to complete the necessary forms. In Alabama, marriage is a qualifying life event that allows changes outside the normal enrollment period, but you typically have only 30-60 days after marriage to make these changes.
Review and Update Tax Filing Status
120 days after startingUnderstand how marriage will affect your tax situation. In Alabama, you'll need to file state taxes using the same filing status as your federal return. Consult with a tax professional to determine whether filing jointly or separately is more advantageous based on your specific financial situation.
Register Marriage Certificate
30 days after startingAfter your ceremony, ensure your officiant files your signed marriage certificate with the county probate court where your license was issued. In Alabama, the officiant must return the completed license within 30 days of the ceremony. Order certified copies of your marriage certificate for name changes and other legal purposes.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Marriage Requirements in Alabama | Before applying for a marriage license, research Alabama's specific requirements. In Alabama, both parties must be at least 18 years old (16-17 with parental consent). There is no waiting period after receiving the license, but the license is only valid for 30 days after issuance. | - | 1 |
| Gather Required Documentation for Marriage License | Collect necessary documents for your marriage license application. Both parties will need valid photo ID (driver's license, passport, etc.) and proof of Social Security numbers. If previously married, bring divorce decree or death certificate of former spouse. | - | 7 |
| Apply for Marriage License | Visit your county probate court to apply for your marriage license. Both parties must appear in person. The fee varies by county (typically $40-$80) and most offices accept cash only. The license is valid for 30 days from issuance and can be used anywhere in Alabama. | - | 14 |
| Consider a Prenuptial Agreement | Decide if a prenuptial agreement is appropriate for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Alabama, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consult with an attorney to ensure the agreement meets Alabama's requirements for enforceability. | - | 30 |
| Draft a Prenuptial Agreement | If you decide to have a prenuptial agreement, work with an attorney to draft one that complies with Alabama law. The agreement should include full financial disclosure from both parties, be signed voluntarily without coercion, and be executed well before the wedding (ideally at least 30 days prior) to avoid claims of duress. | Prenuptial Agreement | 45 |
| Apply for Name Change (if applicable) | If you plan to change your name after marriage, prepare to file the appropriate applications. In Alabama, you'll need your certified marriage certificate to change your name with the Social Security Administration first, then with the Alabama Department of Public Safety for your driver's license, and finally with other institutions. | Name Change Application | 60 |
| Update or Create a Will | Marriage significantly changes your legal status and automatically affects inheritance rights in Alabama. Create or update your will to reflect your new marital status and wishes. In Alabama, a valid will must be in writing, signed by you, and witnessed by at least two competent witnesses who also sign the document. | Updated Will | 75 |
| Establish Healthcare Power of Attorney | Create a healthcare power of attorney to designate your spouse or another trusted person to make medical decisions if you become incapacitated. In Alabama, this document must be signed by you and witnessed by two adults or notarized. Your designated agent cannot serve as a witness. | Healthcare Power of Attorney | 75 |
| Create a Durable Power of Attorney | Establish a durable power of attorney to allow your spouse or another trusted person to handle financial and legal matters if you become unable to do so. In Alabama, this document must be in writing, signed by you, and notarized to be legally valid. | Durable Power of Attorney | 75 |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Alabama, these designations typically override will provisions, so it's crucial to ensure they reflect your current wishes after marriage. | Beneficiary Designation Forms | 90 |
| Establish Joint Bank Accounts (if desired) | Decide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution together with identification to complete the necessary paperwork. In Alabama, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. | Joint Bank Account Application | 90 |
| Update Health Insurance Coverage | Determine how marriage will affect your health insurance coverage. If adding your spouse to your employer-provided health insurance, contact your HR department to complete the necessary forms. In Alabama, marriage is a qualifying life event that allows changes outside the normal enrollment period, but you typically have only 30-60 days after marriage to make these changes. | Health Insurance Coverage Change Form | 60 |
| Review and Update Tax Filing Status | Understand how marriage will affect your tax situation. In Alabama, you'll need to file state taxes using the same filing status as your federal return. Consult with a tax professional to determine whether filing jointly or separately is more advantageous based on your specific financial situation. | - | 120 |
| Register Marriage Certificate | After your ceremony, ensure your officiant files your signed marriage certificate with the county probate court where your license was issued. In Alabama, the officiant must return the completed license within 30 days of the ceremony. Order certified copies of your marriage certificate for name changes and other legal purposes. | - | 30 |
Frequently Asked Questions
In Alabama, you must be at least 18 years old to marry without parental consent (16-17 year-olds need parental consent). Both parties must apply for a marriage license in person at a county probate court, present valid ID (driver's license, passport, birth certificate, etc.), and pay the license fee (typically $40-$90, varying by county). There is no waiting period in Alabama, and the license is valid for 30 days. No blood tests are required. You'll need an officiant (judge, minister, etc.) and possibly witnesses depending on your ceremony type.
No, Alabama no longer requires blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the application process at your county's probate court.
Yes, same-sex couples can legally marry in Alabama. Following the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, same-sex marriage is legal in all 50 states, including Alabama. Same-sex couples have the same marriage rights and follow the same procedures as opposite-sex couples when applying for a marriage license.
A marriage license in Alabama is valid for 30 days from the date of issuance. The marriage ceremony must take place within this 30-day window, or the license will expire and you'll need to apply for a new one. After the ceremony, the officiant must complete the license and return it to the probate court for recording.
Alabama law doesn't specifically require witnesses for a wedding ceremony, but this may depend on your type of ceremony. Religious ceremonies often include witnesses as part of their traditions. For civil ceremonies performed by judges or other authorized officials, witnesses may not be required. However, having witnesses is generally recommended as they can sign your marriage certificate and provide testimony to the validity of your marriage if ever needed.
In Alabama, weddings can be officiated by ordained ministers, priests, rabbis, or other religious leaders; judges (current or retired); probate court judges; circuit court judges; district court judges; federal judges; and certain other public officials. Alabama does not recognize online ordinations, so ensure your officiant has legitimate credentials. Some counties may require the officiant to register with the probate court before performing ceremonies.
No, Alabama does not have a mandatory waiting period after obtaining a marriage license. You can get married the same day you receive your license if you wish. However, remember that the license is only valid for 30 days from the date of issuance, so you must have your ceremony within that timeframe.
Yes, if you've been previously married, you'll need to provide information about your divorce or the death of your former spouse when applying for a marriage license in Alabama. This typically includes the date and location of the divorce or death. Some counties may require you to provide a certified copy of your divorce decree, especially if the divorce was finalized within the last 60 days. Check with your specific county probate court for their exact requirements.
Most Alabama counties do not allow you to complete the entire marriage license application process online. Both parties typically must appear in person at the probate court to apply for and receive the marriage license. However, some counties may allow you to begin the application process online to save time before your in-person visit. Check with your specific county probate court for their procedures.
After marriage in Alabama, you can change your last name to your spouse's last name, hyphenate your last names, or create a new combined last name. Your marriage certificate serves as legal proof for changing your name with the Social Security Administration, which should be your first step. After receiving your updated Social Security card, you can update your driver's license at the Alabama Department of Public Safety and then update other documents and accounts. Name changes are optional, not automatic, and you're not legally required to change your name after marriage.