Getting Married in Michigan: A Legal Guide
Getting married in Michigan requires obtaining a marriage license from a county clerk's office, which becomes valid 3 days after application and remains valid for 33 days. Both parties must be at least 18 years old (or 16-17 with parental consent), provide identification, and pay the required fee before having the marriage solemnized by an authorized officiant.
Marriage creates significant legal rights and responsibilities including property rights, inheritance rights, and potential tax implications. Understanding Michigan's marriage laws before your wedding day ensures your union will be legally recognized and helps you prepare for the legal aspects of married life.
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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
Michigan Marriage License Requirements
In Michigan, couples must obtain a marriage license from the county clerk's office before getting married. Both parties must appear in person, present valid identification, and pay a fee (typically $20-$30). There is a 3-day waiting period after applying before the license becomes valid, though this can be waived for an additional fee. The license is valid for 33 days after the waiting period.
Legal Age Requirements for Marriage
In Michigan, individuals must be at least 18 years old to marry without parental consent. Those who are 16-17 years old may marry with written consent from one parent or legal guardian. Individuals under 16 require both parental consent and approval from a probate judge.
Solemnization Requirements
Michigan law recognizes marriages performed by judges, district court magistrates, mayors, county clerks, ministers, priests, or other religious practitioners. The person performing the ceremony must complete the marriage certificate and return it to the county clerk within 10 days of the ceremony.
Name Change After Marriage
Michigan allows individuals to change their last name after marriage by using their marriage certificate as legal documentation. This can be used to update identification documents like driver's licenses and Social Security cards. There is no requirement to change your name after marriage.
Prenuptial Agreements
Michigan recognizes prenuptial agreements that meet certain requirements. To be valid, the agreement must be in writing, signed by both parties, entered into voluntarily, and include full disclosure of assets. Michigan courts generally uphold these agreements unless they're found to be unconscionable or fraudulent.
Regional Variances
County Marriage License Requirements in Michigan
Wayne County requires both parties to apply in person at the County Clerk's Office. There is a 3-day waiting period after application before the license is issued. The fee is $20 for Michigan residents and $30 for out-of-state residents. The license is valid for 33 days from the date of issuance.
Oakland County requires appointments for marriage license applications. Both applicants must be present. The fee is $20 for county residents and $30 for non-residents. They offer a premarital counseling option that waives the 3-day waiting period if completed.
Kent County requires both parties to appear in person with valid ID. The fee is $20 for Michigan residents and $30 for non-residents. Applications can be started online but must be completed in person. The license becomes valid 3 days after application and remains valid for 33 days.
Washtenaw County requires appointments for marriage license applications. Both applicants must appear together with proper identification. The fee is $20 for Michigan residents and $30 for non-residents. They offer expedited service for an additional fee to waive the 3-day waiting period.
Ingham County (where Lansing is located) requires both parties to apply in person. The fee is $20 for Michigan residents and $30 for non-residents. They offer online pre-application to streamline the in-person process. The standard 3-day waiting period applies unless waived by a judge for good cause.
City-Specific Marriage Ceremony Options
Detroit offers civil ceremonies at City Hall by appointment only. The fee is typically $25-50 depending on the day of the week. Detroit also has specific historic venues that require special permits for wedding ceremonies, including Belle Isle and the Detroit Institute of Arts.
Grand Rapids offers civil ceremonies performed by district court judges or magistrates. Appointments are required and fees range from $10-25. The city has specific regulations for outdoor weddings in public parks, requiring permits at least 30 days in advance.
Ann Arbor offers civil ceremonies at City Hall on specific days of the week. The city has unique regulations for weddings in public spaces like the Arboretum or Nichols Arboretum, requiring special event permits that must be secured well in advance.
Traverse City has specific regulations for beach weddings along Grand Traverse Bay. Permits are required for any ceremony with more than 20 attendees, and certain beaches have blackout dates during peak tourist season (June-August).
Mackinac Island has unique wedding regulations due to its car-free status and historic preservation rules. Ceremonies at certain landmarks require special historic district commission approval, and transportation of wedding parties must be arranged via horse-drawn carriages or bicycles.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Michigan, you must apply for a marriage license at the county clerk's office in the county where either applicant resides. If neither applicant is a Michigan resident, apply in the county where the marriage will take place. Both parties must appear in person with valid photo ID and Social Security numbers. The fee is typically $20-$30 for Michigan residents and $30-$50 for non-residents. There is a 3-day waiting period after application before the license is issued, and the license is valid for 33 days from issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Michigan, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Each party should have independent legal counsel review the agreement. To be enforceable, the agreement should be finalized well before the wedding to avoid claims of coercion or duress.
Plan for Name Change (if applicable)
30 days after wedding days after startingIf you plan to change your name after marriage, you'll need to update various documents. In Michigan, you can use your marriage certificate as proof of name change for your Social Security card, driver's license, and passport. Complete the name change application and gather certified copies of your marriage certificate to facilitate the process.
Update or Create a Will
60 days after wedding days after startingMarriage automatically revokes a previously existing will in Michigan unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. Michigan law provides for spousal elective share rights even if a spouse is omitted from a will.
Create a Healthcare Power of Attorney
60 days after wedding days after startingIn Michigan, a Healthcare Power of Attorney (also called a Patient Advocate Designation) allows you to name someone to make medical decisions for you if you become incapacitated. Your spouse is not automatically your patient advocate without this document. The document must be signed in the presence of two witnesses who are not family members, your healthcare provider, or employees of your healthcare facility.
Establish a Durable Power of Attorney
60 days after wedding days after startingA Durable Power of Attorney allows your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Michigan, this document must be signed in the presence of a notary public. Consider whether you want the powers to be effective immediately or only upon incapacity (springing power).
Update Beneficiary Designations
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Michigan, these designations generally override will provisions, so it's crucial to update them to reflect your new marital status. Request the appropriate forms from each financial institution or employer.
Consider Joint Banking Arrangements
60 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. In Michigan, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. Complete the necessary paperwork at your financial institution to establish joint accounts if desired.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Michigan, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or insurance provider to obtain the necessary forms and understand the process.
Review and Update Tax Filing Status
90 days after wedding days after startingMarriage will affect your tax filing status. Research whether filing jointly or separately is more advantageous for your situation. If you're married by December 31, you're considered married for the entire tax year. Consider consulting with a tax professional to understand the implications for your specific financial situation.
Update Vehicle Titles and Registration
60 days after wedding days after startingDecide whether to add your spouse to vehicle titles and update your vehicle registration with the Michigan Secretary of State if your address changes. If adding a spouse to a title, both parties must appear at the Secretary of State office with the current title and proper identification.
Update Property Deeds
90 days after wedding days after startingIf you own real estate, consider how you want to title the property after marriage. In Michigan, common options include tenancy by the entirety (available only to married couples), joint tenancy with rights of survivorship, or keeping property separate. Consult with a real estate attorney to understand the implications and file the appropriate deed modifications with the county register of deeds.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Michigan, you must apply for a marriage license at the county clerk's office in the county where either applicant resides. If neither applicant is a Michigan resident, apply in the county where the marriage will take place. Both parties must appear in person with valid photo ID and Social Security numbers. The fee is typically $20-$30 for Michigan residents and $30-$50 for non-residents. There is a 3-day waiting period after application before the license is issued, and the license is valid for 33 days from issuance. | Marriage License Application | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Michigan, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Each party should have independent legal counsel review the agreement. To be enforceable, the agreement should be finalized well before the wedding to avoid claims of coercion or duress. | Prenuptial Agreement | 90-120 days before wedding |
| Plan for Name Change (if applicable) | If you plan to change your name after marriage, you'll need to update various documents. In Michigan, you can use your marriage certificate as proof of name change for your Social Security card, driver's license, and passport. Complete the name change application and gather certified copies of your marriage certificate to facilitate the process. | Name Change Application | 30 days after wedding |
| Update or Create a Will | Marriage automatically revokes a previously existing will in Michigan unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. Michigan law provides for spousal elective share rights even if a spouse is omitted from a will. | Updated Will | 60 days after wedding |
| Create a Healthcare Power of Attorney | In Michigan, a Healthcare Power of Attorney (also called a Patient Advocate Designation) allows you to name someone to make medical decisions for you if you become incapacitated. Your spouse is not automatically your patient advocate without this document. The document must be signed in the presence of two witnesses who are not family members, your healthcare provider, or employees of your healthcare facility. | Healthcare Power of Attorney | 60 days after wedding |
| Establish a Durable Power of Attorney | A Durable Power of Attorney allows your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Michigan, this document must be signed in the presence of a notary public. Consider whether you want the powers to be effective immediately or only upon incapacity (springing power). | Durable Power of Attorney | 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Michigan, these designations generally override will provisions, so it's crucial to update them to reflect your new marital status. Request the appropriate forms from each financial institution or employer. | Beneficiary Designation Forms | 30 days after wedding |
| Consider Joint Banking Arrangements | Decide whether to maintain separate accounts or establish joint accounts. In Michigan, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. Complete the necessary paperwork at your financial institution to establish joint accounts if desired. | 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 switch to your spouse's plan. In Michigan, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or insurance provider to obtain the necessary forms and understand the process. | Health Insurance Coverage Change Form | 30 days after wedding |
| Review and Update Tax Filing Status | Marriage will affect your tax filing status. Research whether filing jointly or separately is more advantageous for your situation. If you're married by December 31, you're considered married for the entire tax year. Consider consulting with a tax professional to understand the implications for your specific financial situation. | - | 90 days after wedding |
| Update Vehicle Titles and Registration | Decide whether to add your spouse to vehicle titles and update your vehicle registration with the Michigan Secretary of State if your address changes. If adding a spouse to a title, both parties must appear at the Secretary of State office with the current title and proper identification. | - | 60 days after wedding |
| Update Property Deeds | If you own real estate, consider how you want to title the property after marriage. In Michigan, common options include tenancy by the entirety (available only to married couples), joint tenancy with rights of survivorship, or keeping property separate. Consult with a real estate attorney to understand the implications and file the appropriate deed modifications with the county register of deeds. | - | 90 days after wedding |
Frequently Asked Questions
In Michigan, you must be at least 18 years old to marry without parental consent (16-17 year-olds need parental consent, and under 16 requires both parental consent and judicial approval). You'll need to apply for a marriage license at your county clerk's office, providing valid ID and paying a fee (typically $20-$30). There's a 3-day waiting period after applying before the license becomes valid, though this can be waived for an additional fee in emergency situations. The license is valid for 33 days, and your marriage must be solemnized by an authorized person such as a judge, magistrate, mayor, or religious minister.
No, Michigan no longer requires blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the marriage license application at your county clerk's office.
Yes, same-sex couples can legally marry in Michigan. Following the U.S. Supreme Court's decision in Obergefell v. Hodges in 2015, same-sex marriage is legal throughout the United States, including Michigan. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples.
If you're remarrying after a divorce in Michigan, you'll follow the same process as a first marriage. However, you'll need to provide information about your previous marriage on the license application, including the date and location of your divorce. It's advisable to bring a copy of your divorce decree, especially if your divorce was finalized within the past 6 months.
Name changes after marriage are optional in Michigan, not mandatory. If you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, Michigan Secretary of State (for your driver's license), and other institutions. You can take your spouse's last name, hyphenate your names, or create a new combined name, though some options may require a formal court petition for a name change.
A prenuptial agreement is a legal contract created before marriage that outlines how assets and debts will be divided in case of divorce or death. In Michigan, prenups can be advisable if you have significant assets, own a business, expect a large inheritance, have children from previous relationships, or have significantly different financial situations. To be valid in Michigan, prenups must be in writing, signed voluntarily by both parties with full financial disclosure, and cannot be unconscionable. It's recommended that each party have their own attorney review the agreement.
In Michigan, marriages must be performed by authorized individuals, which include judges, magistrates, mayors, county clerks, or religious ministers. If your friend or family member is not already authorized, they can become ordained through various online ministries that Michigan recognizes. They should check with the specific county clerk's office where you're getting married to confirm their credentials will be accepted, as requirements can vary by county.
A marriage license is the document you apply for before your wedding that gives you legal permission to marry. In Michigan, it's valid for 33 days after the 3-day waiting period. A marriage certificate is the official document you receive after your wedding ceremony, once the officiant has submitted the signed license to the county clerk. The marriage certificate serves as legal proof of your marriage and is what you'll use for name changes, insurance updates, and other legal matters.