Getting Married in Maine: A Legal Guide

Getting married in Maine requires obtaining a marriage license from a municipal clerk, which is valid for 90 days with no waiting period after issuance. Both parties must appear in person with valid identification, proof of any prior marriage dissolution, and pay the required fee before having the ceremony performed by an authorized officiant.

Marriage in Maine creates legal rights and responsibilities that affect property ownership, inheritance, and financial obligations. Understanding these legal implications before your wedding day can help ensure a smooth transition into married life and protect both parties' interests.

Key Considerations

Blended Families (Couples with Children from Previous Relationships)

Scenarios

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Same-Sex Couples

Scenarios

Decisions

Blended Families

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Decisions

Couples with Children from Previous Relationships

Scenarios

Decisions

Couples with Children
Young Couples with No Children

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Decisions

Blended Families (Partners with Children from Previous Relationships)

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Decisions

Couples with Significant Assets

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Decisions

Relevant Laws

Maine Marriage License Requirements

In Maine, couples must obtain a marriage license before getting married. Both parties must appear in person at a municipal office, provide identification, and pay the required fee. The license is valid for 90 days from issuance, and there is no waiting period in Maine, meaning you can get married the same day you receive your license.

Maine Residency Requirements for Marriage

Maine does not have a residency requirement for marriage, meaning non-residents can obtain a marriage license and get married in the state. This is relevant for couples who live elsewhere but wish to have their wedding in Maine.

Maine Age Requirements for Marriage

In Maine, the minimum age to marry is 18. Individuals who are 16 or 17 years old may marry with parental consent. Maine law prohibits marriage for anyone under 16 years of age, which is important to know if either party is a minor.

Maine Marriage Officiant Requirements

Maine law recognizes marriages performed by ordained ministers, priests, or clergy members of any religious denomination. Judges, justices of the peace, and notary publics are also authorized to solemnize marriages. The person performing the ceremony must be registered with the state to legally officiate weddings.

Maine Marriage Certificate Filing

After the ceremony, the officiant must complete the marriage certificate and return it to the municipal clerk within seven days. This legal requirement ensures your marriage is officially recorded with the state, which is essential for legal recognition of your marriage.

Regional Variances

Southern Maine

Portland has a streamlined marriage license process with City Hall offering extended hours on certain days for marriage license applications. Couples can apply online to expedite the in-person process. The waiting period is still 3 days as required by state law, but Portland offers a more efficient application system than many other municipalities.

York County coastal towns (like Kennebunkport and Ogunquit) are popular wedding destinations and have specialized staff to handle marriage licenses for out-of-state couples. These municipalities are experienced with non-resident marriages and may provide additional guidance for planning destination weddings. Note that summer months can be busy, so appointments are recommended.

Central and Northern Maine

Bangor requires appointments for marriage license applications, unlike some southern municipalities that accept walk-ins. The city clerk's office has specific hours for marriage-related services that differ from regular office hours, so couples should call ahead to confirm availability.

In Maine's northernmost county, some smaller town offices have limited hours for marriage license applications (often only 2-3 days per week). Couples should plan accordingly and call ahead. Some municipalities in this region may require additional planning time during winter months when weather can affect office closures.

Coastal Maine

Bar Harbor and surrounding Acadia National Park areas require special permits for weddings held in the national park, in addition to the standard marriage license. The town clerk works closely with park authorities but couples should begin this process at least 3-4 months in advance due to the popularity of the location.

Coastal towns like Camden, Rockland, and Boothbay Harbor have specific regulations regarding beach and waterfront weddings. Public beaches may require separate permits from the marriage license, and some municipalities have noise ordinances that affect reception planning. These towns often have designated wedding coordinators in their town offices to help navigate local regulations.

Suggested Compliance Checklist

Apply for a Marriage License

30-90 days before wedding days after starting

In Maine, both parties must appear together at a municipal office to apply for a marriage license. You'll need to bring proof of identification (government-issued photo ID), proof of Social Security Number, and certified copies of any divorce decrees or death certificates if previously married. The license fee is typically $40. Once issued, the license is valid for 90 days.

Document: Marriage License Application

Consider a Prenuptial Agreement

60-90 days before wedding days after starting

While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Maine, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Maine law.

Document: Prenuptial Agreement

Plan for Name Change (if applicable)

After wedding days after starting

If either spouse plans to change their name after marriage, you'll need to complete the process with multiple agencies. In Maine, you can use your marriage certificate as proof for name changes with the Social Security Administration (first step), then the BMV for your driver's license, and finally with other institutions (banks, employers, etc.).

Document: Name Change Application

Update or Create a Will

Within 30 days after wedding days after starting

Marriage automatically changes certain inheritance rights in Maine. Review and update your existing will or create a new one that reflects your marital status and includes your spouse. Without a will, Maine intestacy laws determine how assets are distributed, which may not align with your wishes.

Document: Updated Will

Create a Healthcare Power of Attorney

Within 30 days after wedding days after starting

This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Maine, this is part of an Advance Healthcare Directive. While marriage doesn't automatically grant these rights, spouses are typically considered first in medical decision-making, but a formal document provides clarity and legal protection.

Document: Healthcare Power of Attorney

Establish a Durable Power of Attorney

Within 30 days after wedding days after starting

This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. Marriage doesn't automatically grant these powers in Maine, so this document is essential for financial protection. The document must be signed in the presence of a notary public to be valid in Maine.

Document: Durable Power of Attorney

Update Beneficiary Designations

Within 30 days after wedding days after starting

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Maine, these designations typically override will provisions, so it's crucial to ensure they reflect your current wishes regarding your spouse.

Document: Beneficiary Designation Forms

Consider Joint Banking Accounts

Within 60 days after wedding days after starting

Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. In Maine, joint accounts provide both spouses with equal access and ownership of funds. Consider the implications for daily finances, emergencies, and estate planning when making this decision.

Document: Joint Bank Account Application

Update Health Insurance Coverage

Within 30-60 days after wedding days after starting

Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Maine, you typically have 30-60 days after marriage to make these changes outside of open enrollment periods. Compare plans to determine the most cost-effective and comprehensive coverage for your family.

Document: Health Insurance Coverage Change Form

Research Tax Implications

Before next tax filing deadline days after starting

Marriage affects your tax filing status and potentially your tax liability. Research whether filing jointly or separately is more advantageous based on your specific financial situation. Maine has its own state income tax, so consider both federal and state tax implications of marriage.

Update Emergency Contacts

Within 30 days after wedding days after starting

Update emergency contact information with employers, doctors, and other relevant parties to include your spouse. While not a legal requirement in Maine, this ensures your spouse can be notified and involved in emergency situations.

Review and Update Property Titles

Within 90 days after wedding days after starting

Consider how you want to title property owned before marriage and any property acquired after marriage. In Maine, options include sole ownership, joint tenancy with right of survivorship, and tenancy in common. Each has different implications for ownership rights and what happens to the property upon death.

Frequently Asked Questions

To obtain a marriage license in Maine, both parties must appear together at any town or city clerk's office. You'll need to bring photo identification, social security numbers (if you have one), and divorce decrees or death certificates if previously married. The fee is typically $40, though it may vary slightly by municipality. The license is valid for 90 days from issuance, and there is no waiting period before you can use it.

Yes, Maine has legally recognized same-sex marriages since December 29, 2012, when the state's marriage equality law took effect. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples throughout the state.

No, Maine does not require blood tests or medical examinations to obtain a marriage license. This requirement was eliminated many years ago.

Yes, but they must be legally authorized. In Maine, a friend or family member can be temporarily appointed as a Notary Public specifically to perform your ceremony. They must apply through the Maine Secretary of State's office, pay a fee, and be commissioned before the wedding date. Alternatively, you can have a traditional officiant such as a judge, justice of the peace, or ordained minister perform the ceremony.

Maine is not a community property state; it follows equitable distribution principles. This means that property acquired during marriage isn't automatically jointly owned 50/50. In case of divorce, courts would divide property equitably (fairly but not necessarily equally). If you have specific concerns about property, consider a prenuptial agreement to clearly define property rights before marriage.

Name changes after marriage are optional in Maine, not mandatory. If you choose to change your name, the marriage certificate serves as the legal basis. You'll need to update your name with the Social Security Administration first, then with the Maine BMV for your driver's license, and subsequently with other institutions like banks, employers, and passport services.

No, Maine does not have any residency requirements for marriage. Non-residents can obtain a marriage license and get married in Maine without establishing residency. This makes Maine a popular destination wedding location.

In Maine, prenuptial agreements must be in writing and signed by both parties to be valid. For best legal protection, each person should have independent legal counsel review the agreement before signing. The agreement should include full financial disclosure from both parties. To be enforceable, it must be entered into voluntarily and not be unconscionable. It's recommended to finalize the agreement well before the wedding to avoid claims of coercion.

A marriage that is legally performed in Maine is recognized in all other U.S. states due to the Full Faith and Credit Clause of the U.S. Constitution. This means your Maine marriage is valid regardless of where you live. However, specific marital rights regarding property, taxes, and other matters will be governed by the laws of the state where you reside.