Getting Married in Iowa: Legal Requirements and Process
Getting married in Iowa requires obtaining a marriage license from a county recorder's office, which is valid for six months with a three-day waiting period before the ceremony can take place. Iowa recognizes both opposite-sex and same-sex marriages, with applicants needing to provide identification, pay a fee (typically $35), and have the marriage solemnized by an authorized officiant.
Marriage creates legal rights and responsibilities that affect property ownership, inheritance, healthcare decisions, and tax status. Understanding Iowa's specific marriage requirements ensures your union is legally valid and prevents potential complications in the future.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
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
Iowa Marriage License Requirements
In Iowa, couples must obtain a marriage license before getting married. Both parties must appear in person at a county recorder's office, provide valid identification, and pay a fee (typically $35). There is no waiting period in Iowa, and the license is valid for six months from the date of issuance.
Iowa Age Requirements for Marriage
Iowa 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 both parents, legal guardians, or a judge. Iowa does not permit marriage for anyone under 16 years of age.
Iowa Marriage Solemnization Laws
Iowa recognizes marriages performed by judges, magistrates, ordained ministers, and certain public officials. The person performing the ceremony must be authorized under Iowa law. After the ceremony, the officiant must complete the marriage certificate and return it to the county recorder's office within 15 days.
Iowa Common Law Marriage Recognition
Iowa is one of the few states that still recognizes common law marriages. A couple may be considered legally married without a ceremony if they meet three requirements: 1) present intent and agreement to be married, 2) continuous cohabitation, and 3) public declaration that they are husband and wife.
Iowa Name Change After Marriage
In Iowa, either spouse may legally change their last name after marriage by using their marriage certificate as proof. This can be used to update identification documents such as driver's licenses, Social Security cards, and passports. There is no requirement that either spouse change their name.
Regional Variances
County Marriage License Requirements in Iowa
As Iowa's most populous county, Polk County requires couples to apply for marriage licenses at the Polk County Recorder's Office. There is a $35 fee, and both parties must appear in person with valid photo ID. There is a 3-day waiting period after application before the license becomes effective, though waivers are available for an additional fee.
Linn County requires marriage license applications to be submitted at the Recorder's Office. The fee is $35, and both applicants must provide birth certificates along with photo ID. The standard 3-day waiting period applies, and the license is valid for 6 months after issuance.
Johnson County marriage licenses can be obtained at the Recorder's Office in Iowa City. Both parties must be present with valid ID, and the fee is $35. The county offers online pre-application to streamline the in-person process. The 3-day waiting period applies unless a waiver is granted by a judge.
Scott County requires couples to apply in person at the County Recorder's Office. The fee is $35, and applicants need government-issued photo ID. The county specifically notes that no blood tests are required in Iowa. The standard 3-day waiting period applies, and licenses are valid for 6 months.
Black Hawk County issues marriage licenses through the Recorder's Office for $35. Both applicants must appear in person with valid ID. The county emphasizes that Iowa law allows same-sex marriages, and the application process is identical for all couples. The standard 3-day waiting period applies.
City-Specific Marriage Venue Regulations
Des Moines has specific regulations for outdoor wedding venues in public parks, requiring permits at least 60 days in advance. City Hall weddings are available by appointment only on weekdays. For ceremonies at the State Capitol grounds, additional state permits are required.
Cedar Rapids requires special event permits for weddings in city parks with more than 50 attendees. The city has noise ordinances that restrict outdoor music after 10 PM, which affects reception planning. Some historic venues in the city have specific insurance requirements for wedding events.
Iowa City has unique regulations for University of Iowa campus weddings, requiring approval through the university's facilities department. The city's downtown pedestrian mall is available for ceremonies but requires special event permits at least 45 days in advance and has restrictions on alcohol service.
Davenport's riverfront wedding venues have specific regulations due to flood zone considerations. The city requires liability insurance for events in public spaces. Ceremonies at Vander Veer Botanical Park require booking at least 90 days in advance and have additional fees compared to other city parks.
Ames has special considerations for Iowa State University campus weddings. The city's municipal code requires permits for tents larger than 200 square feet at outdoor weddings. Reiman Gardens, a popular wedding venue, has its own set of regulations and requires approved vendors for catering and decorations.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Iowa, you must apply for a marriage license at any county recorder's office. Both parties must appear in person with valid photo ID (driver's license, passport, etc.) and provide your social security numbers. The fee is approximately $35 (varies by county). There is a 3-day waiting period after application before the license can be issued, and the license is valid for 6 months after issuance.
Consider a Prenuptial Agreement
60-90 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Iowa, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Iowa law.
Update or Create a Will
30 days after wedding days after startingMarriage automatically changes certain inheritance rights in Iowa. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Iowa, a valid will must be in writing, signed by you, and witnessed by at least two competent individuals who also sign the document.
Create a Durable Power of Attorney
30 days after wedding days after startingThis document allows your spouse or another trusted person to make financial decisions on your behalf if you become incapacitated. In Iowa, a durable power of attorney must be signed, dated, and either notarized or witnessed by two adults who are not named as your agent in the document.
Create a Healthcare Power of Attorney
30 days after wedding days after startingThis document designates someone (typically your spouse) to make medical decisions for you if you're unable to do so. In Iowa, this document must be signed by you and either notarized or witnessed by two adults who are not your healthcare providers or employees of your healthcare facility.
Update Beneficiary Designation Forms
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. Marriage doesn't automatically change these designations in Iowa, so you must update them manually to include your spouse if desired.
Apply for Name Change (if applicable)
30-60 days after wedding days after startingIf either spouse wishes to change their name after marriage, you'll need your certified marriage certificate to update your name with the Social Security Administration first, then with the Iowa DOT for your driver's license. The marriage certificate serves as legal documentation for the name change in Iowa.
Establish Joint Bank Accounts (if desired)
60 days after wedding days after startingWhile not legally required, many couples choose to establish joint bank accounts after marriage. Visit your financial institution with your marriage certificate and both spouses' identification to complete this process.
Update Health Insurance Coverage
30-60 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans. In Iowa, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines.
Research Tax Filing Options
90 days after wedding days after startingMarriage affects your tax filing status. Research whether filing jointly or separately is more beneficial for your situation. In Iowa, you'll need to file state taxes using the same filing status as your federal return. Consider consulting with a tax professional to understand the implications.
Update Vehicle Titles and Registration (if applicable)
90 days after wedding days after startingIf you wish to add your spouse to your vehicle title in Iowa, visit your county treasurer's office with your marriage certificate, current title, and both spouses' identification. There may be fees associated with this change.
Update Property Deeds (if applicable)
120 days after wedding days after startingIf you own real estate and wish to add your spouse to the deed, you'll need to execute and record a new deed. In Iowa, this typically requires preparing a deed, having it notarized, and filing it with the county recorder's office where the property is located. Consider consulting with a real estate attorney for this process.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Iowa, you must apply for a marriage license at any county recorder's office. Both parties must appear in person with valid photo ID (driver's license, passport, etc.) and provide your social security numbers. The fee is approximately $35 (varies by county). There is a 3-day waiting period after application before the license can be issued, and the license is valid for 6 months after issuance. | - | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Iowa, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Iowa law. | Prenuptial Agreement | 60-90 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Iowa. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Iowa, a valid will must be in writing, signed by you, and witnessed by at least two competent individuals who also sign the document. | Updated Will | 30 days after wedding |
| Create a Durable Power of Attorney | This document allows your spouse or another trusted person to make financial decisions on your behalf if you become incapacitated. In Iowa, a durable power of attorney must be signed, dated, and either notarized or witnessed by two adults who are not named as your agent in the document. | Durable Power of Attorney | 30 days after wedding |
| Create a Healthcare Power of Attorney | This document designates someone (typically your spouse) to make medical decisions for you if you're unable to do so. In Iowa, this document must be signed by you and either notarized or witnessed by two adults who are not your healthcare providers or employees of your healthcare facility. | Healthcare Power of Attorney | 30 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. Marriage doesn't automatically change these designations in Iowa, so you must update them manually to include your spouse if desired. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you'll need your certified marriage certificate to update your name with the Social Security Administration first, then with the Iowa DOT for your driver's license. The marriage certificate serves as legal documentation for the name change in Iowa. | Name Change Application | 30-60 days after wedding |
| Establish Joint Bank Accounts (if desired) | While not legally required, many couples choose to establish joint bank accounts after marriage. Visit your financial institution with your marriage certificate and both spouses' identification to complete this process. | Joint Bank Account Application | 60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans. In Iowa, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | 30-60 days after wedding |
| Research Tax Filing Options | Marriage affects your tax filing status. Research whether filing jointly or separately is more beneficial for your situation. In Iowa, you'll need to file state taxes using the same filing status as your federal return. Consider consulting with a tax professional to understand the implications. | - | 90 days after wedding |
| Update Vehicle Titles and Registration (if applicable) | If you wish to add your spouse to your vehicle title in Iowa, visit your county treasurer's office with your marriage certificate, current title, and both spouses' identification. There may be fees associated with this change. | - | 90 days after wedding |
| Update Property Deeds (if applicable) | If you own real estate and wish to add your spouse to the deed, you'll need to execute and record a new deed. In Iowa, this typically requires preparing a deed, having it notarized, and filing it with the county recorder's office where the property is located. Consider consulting with a real estate attorney for this process. | - | 120 days after wedding |
Frequently Asked Questions
In Iowa, both parties must be at least 18 years old (or 16-17 with parental consent). You'll need to apply for a marriage license at any county recorder's office in Iowa, provide valid identification (driver's license, passport, or birth certificate), and pay a fee (typically $35). There's a 3-day waiting period after applying before you can get married, though this can be waived by a judge for an additional fee. The license is valid for 6 months, and you'll need one officiant and two witnesses for the ceremony.
No, Iowa does not require blood tests for marriage licenses. This requirement was eliminated many years ago. You only need to provide proper identification and complete the application process at the county recorder's office.
Yes, same-sex marriage has been legal in Iowa since April 2009, following the Iowa Supreme Court's decision in Varnum v. Brien. Same-sex couples have the same marriage rights and follow the same procedures as opposite-sex couples when applying for a marriage license.
In Iowa, marriages can be solemnized by judges, magistrates, justices of the peace, ordained ministers, priests, rabbis, or other persons recognized by their religious denominations. Iowa also allows one-time solemnization authorization for a person of your choice to perform your ceremony. This requires applying to the Iowa Secretary of State for a one-time officiant designation.
Iowa is not a community property state but follows equitable distribution laws. This means property acquired during marriage is not automatically split 50/50 in case of divorce. Property you owned before marriage typically remains your separate property, but assets acquired during marriage are generally considered marital property. If you have significant assets or specific concerns, consider a prenuptial agreement to clearly define property rights.
Name changes after marriage are optional in Iowa, not mandatory. If you choose to change your name, you can use your marriage certificate as legal proof for updating your Social Security card, driver's license, passport, and other documents. The process typically starts with updating your Social Security information first, then moving on to your driver's license and other identification.
Yes, non-U.S. citizens can get married in Iowa. The non-citizen partner will need to provide a valid passport and possibly other documentation proving identity. There are no residency requirements for getting married in Iowa, so you don't need to live in the state to obtain a marriage license there.
Yes, Iowa has a mandatory 3-day waiting period between when you apply for your marriage license and when you can actually get married. This waiting period can be waived by a district court judge for an additional fee (typically around $25) if you have a compelling reason. The marriage license itself is valid for 6 months after issuance.
Yes, Iowa law requires two witnesses who are at least 18 years old to be present at your wedding ceremony. These witnesses will need to sign your marriage certificate along with the officiant. Choose witnesses who can be present for the entire ceremony, as their signatures verify that they observed the legal union.
A prenuptial agreement is created before marriage, while a postnuptial agreement is created after you're already married. Both can address similar issues like property division and spousal support in case of divorce. In Iowa, both types of agreements must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure to be enforceable. Prenuptial agreements are generally easier to enforce than postnuptial agreements.