Getting Married in Minnesota: Legal Guide for Couples
Getting married in Minnesota requires couples to obtain a marriage license from a county office, with no waiting period but a 6-month expiration. Both parties must appear in person with identification, complete an application, pay a fee (typically $115, with reductions for premarital counseling), and have the ceremony performed by an authorized officiant.
Minnesota law does not require blood tests or residency requirements, but does mandate that both parties be at least 18 years old (or 16-17 with parental consent). Same-sex marriage has been legal in Minnesota since August 1, 2013, and all couples have equal marriage rights under state law.
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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
In Minnesota, couples must obtain a marriage license before getting married. Both parties must appear in person at a county registrar's office, provide identification, and pay a fee (typically $115, though it can be reduced with premarital counseling). There is a 5-day waiting period after application before the license becomes valid, and the license remains valid for 6 months.
Age Requirements for Marriage
Minnesota 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 parental consent and judicial approval. Minnesota no longer allows marriages for those under 16 years of age as of August 1, 2020.
Who Can Perform Marriages
Minnesota recognizes marriages performed by judges, retired judges, court administrators, licensed or ordained ministers, and individuals who have received a one-day marriage officiant designation. The person performing the ceremony must be registered with the state and must sign the marriage certificate.
Marriage Certificate Filing
After the ceremony, the officiant must file the completed marriage certificate with the local registrar within 5 days. This filing is required to make the marriage legally recognized by the state. Couples can request certified copies of their marriage certificate from the county where the license was issued.
Name Change After Marriage
Minnesota allows individuals to change their last name after marriage without a separate court proceeding. The marriage certificate serves as legal documentation for name changes with government agencies and private institutions. Either spouse may take the other's surname, hyphenate surnames, or keep their original name.
Marital Property Laws
Minnesota is an equitable distribution state, not a community property state. This means that property acquired during marriage is considered marital property subject to equitable (fair but not necessarily equal) division in case of divorce. Understanding these property rights is important when entering marriage.
Regional Variances
Twin Cities Metropolitan Area
As Minnesota's most populous county containing Minneapolis, Hennepin County requires marriage license applications to be submitted at least 5 days before the ceremony. The license fee is $115, but couples who complete premarital counseling can receive a reduced fee of $40. Marriage licenses are valid for 6 months from the date of issuance.
Home to St. Paul, Ramsey County has similar marriage license requirements to Hennepin County, with a 5-day waiting period. The standard fee is $115 with a reduction to $40 with proof of premarital counseling. Couples must apply in person at the Ramsey County Vital Records office.
Northern Minnesota
In St. Louis County (Duluth area), marriage licenses also have a 5-day waiting period, but the county offers multiple office locations for convenience. The fee structure matches the state standard ($115 regular, $40 with counseling), but applicants should note that some satellite offices have limited hours.
Itasca County follows the standard Minnesota marriage license procedures but may have more limited office hours than urban counties. Couples should call ahead to confirm availability, especially during winter months when weather can affect office operations.
Southern Minnesota
In Olmsted County (Rochester area), marriage licenses follow the standard Minnesota requirements. However, the county is known for efficient processing and couples can often receive same-day service if all documentation is in order, though the 5-day waiting period before the ceremony still applies.
Blue Earth County (Mankato area) follows state guidelines for marriage licenses. The county offers an online pre-application process that can save time during the in-person appointment, though both parties must still appear in person to complete the application.
Tribal Jurisdictions
The Red Lake Nation is a sovereign tribal nation in Minnesota with its own marriage regulations. Couples seeking to marry on tribal lands should consult with tribal authorities, as different requirements may apply. Marriages performed under tribal authority are recognized by the state of Minnesota.
The White Earth Reservation has specific cultural protocols for marriages that may supplement state requirements. Couples should consult with both tribal authorities and the county (marriages are typically recorded with Mahnomen, Becker, or Clearwater counties depending on location) to ensure all legal requirements are met.
Suggested Compliance Checklist
Apply for a Marriage License
30-45 days before wedding days after startingIn Minnesota, you must apply for a marriage license before your ceremony. Both parties must appear in person at any county courthouse in Minnesota. You'll need identification (driver's license, passport, or birth certificate), social security numbers (if you have one), and the application fee (varies by county, typically $115, with a discount if you complete premarital counseling). There's a 5-day waiting period after application before you can get married, and the license is valid for 6 months.
Consider Premarital Counseling
60-90 days before wedding days after startingWhile not legally required, Minnesota offers a significant discount on your marriage license fee (typically reducing it from $115 to $40) if you complete at least 12 hours of premarital counseling with a qualified counselor, religious advisor, or educator. You'll need a signed statement from your counselor to receive the discount.
Draft a Prenuptial Agreement
90-120 days before wedding days after startingConsider whether a prenuptial agreement is right for your situation. In Minnesota, prenups must be in writing, signed by both parties, and executed before the marriage. For the agreement to be enforceable, both parties should have independent legal counsel, full financial disclosure, and adequate time to review (not signed right before the wedding). Minnesota courts may scrutinize prenups that are unconscionable or unfair, especially regarding spousal maintenance.
Plan for Name Change (if applicable)
Within 90 days after wedding days after startingIf either spouse plans to change their name after marriage, you'll need to update various documents. In Minnesota, you can use your marriage certificate as legal proof for name changes. Start with your Social Security card, then driver's license, passport, and other accounts. For name changes beyond taking a spouse's surname, you may need to file a separate legal name change petition with the court.
Update or Create a Will
Within 60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Minnesota. Without a will, your spouse will inherit a significant portion of your estate under intestate succession laws. Review and update existing wills or create new ones that reflect your married status and current wishes. In Minnesota, a valid will must be in writing, signed by you, and witnessed by two people who also sign the document.
Create Healthcare Power of Attorney
Within 60 days after wedding days after startingA Healthcare Power of Attorney (also called a healthcare directive in Minnesota) allows you to name your spouse or another person to make medical decisions if you're unable to do so. In Minnesota, this document must be in writing, signed by you, and either notarized or witnessed by two people. Marriage doesn't automatically grant these powers, so this document is essential even for married couples.
Establish Durable Power of Attorney
Within 60 days after wedding days after startingA Durable Power of Attorney allows your spouse or another designated person to handle financial and legal matters if you become incapacitated. In Minnesota, this document must be in writing and either notarized or witnessed by two people. You can specify when the powers take effect and what authority your agent has. Marriage doesn't automatically grant these powers.
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Minnesota, these designations typically override will provisions, so it's crucial to update them after marriage. Contact each financial institution for their specific beneficiary change forms and procedures.
Consider Joint Banking Accounts
Within 60 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. In Minnesota, joint accounts provide both spouses with equal access and ownership of the funds. To establish joint accounts, both spouses typically need to appear at the financial institution with identification and complete the necessary paperwork.
Update Health Insurance Coverage
Within 30 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 outside of open enrollment. In Minnesota, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required.
Review Tax Filing Status
Before next tax filing deadline days after startingMarriage will affect your tax filing status. In Minnesota, you'll need to decide whether to file state and federal taxes as 'married filing jointly' or 'married filing separately.' This decision can impact your tax liability, deductions, and credits. Consider consulting with a tax professional to determine the best approach for your specific financial situation.
Update Address and Emergency Contacts
Within 30 days after wedding days after startingIf you're moving in together after marriage, update your address with the postal service, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Minnesota, you must apply for a marriage license before your ceremony. Both parties must appear in person at any county courthouse in Minnesota. You'll need identification (driver's license, passport, or birth certificate), social security numbers (if you have one), and the application fee (varies by county, typically $115, with a discount if you complete premarital counseling). There's a 5-day waiting period after application before you can get married, and the license is valid for 6 months. | - | 30-45 days before wedding |
| Consider Premarital Counseling | While not legally required, Minnesota offers a significant discount on your marriage license fee (typically reducing it from $115 to $40) if you complete at least 12 hours of premarital counseling with a qualified counselor, religious advisor, or educator. You'll need a signed statement from your counselor to receive the discount. | - | 60-90 days before wedding |
| Draft a Prenuptial Agreement | Consider whether a prenuptial agreement is right for your situation. In Minnesota, prenups must be in writing, signed by both parties, and executed before the marriage. For the agreement to be enforceable, both parties should have independent legal counsel, full financial disclosure, and adequate time to review (not signed right before the wedding). Minnesota courts may scrutinize prenups that are unconscionable or unfair, especially regarding spousal maintenance. | Prenuptial Agreement | 90-120 days before wedding |
| Plan for Name Change (if applicable) | If either spouse plans to change their name after marriage, you'll need to update various documents. In Minnesota, you can use your marriage certificate as legal proof for name changes. Start with your Social Security card, then driver's license, passport, and other accounts. For name changes beyond taking a spouse's surname, you may need to file a separate legal name change petition with the court. | Name Change Application | Within 90 days after wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Minnesota. Without a will, your spouse will inherit a significant portion of your estate under intestate succession laws. Review and update existing wills or create new ones that reflect your married status and current wishes. In Minnesota, a valid will must be in writing, signed by you, and witnessed by two people who also sign the document. | Updated Will | Within 60 days after wedding |
| Create Healthcare Power of Attorney | A Healthcare Power of Attorney (also called a healthcare directive in Minnesota) allows you to name your spouse or another person to make medical decisions if you're unable to do so. In Minnesota, this document must be in writing, signed by you, and either notarized or witnessed by two people. Marriage doesn't automatically grant these powers, so this document is essential even for married couples. | Healthcare Power of Attorney | Within 60 days after wedding |
| Establish Durable Power of Attorney | A Durable Power of Attorney allows your spouse or another designated person to handle financial and legal matters if you become incapacitated. In Minnesota, this document must be in writing and either notarized or witnessed by two people. You can specify when the powers take effect and what authority your agent has. Marriage doesn't automatically grant these powers. | Durable Power of Attorney | Within 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 Minnesota, these designations typically override will provisions, so it's crucial to update them after marriage. Contact each financial institution for their specific beneficiary change forms and procedures. | Beneficiary Designation Forms | Within 30 days after wedding |
| Consider Joint Banking Accounts | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. In Minnesota, joint accounts provide both spouses with equal access and ownership of the funds. To establish joint accounts, both spouses typically need to appear at the financial institution with identification and complete the necessary paperwork. | Joint Bank Account Application | Within 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 outside of open enrollment. In Minnesota, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required. | Health Insurance Coverage Change Form | Within 30 days after wedding |
| Review Tax Filing Status | Marriage will affect your tax filing status. In Minnesota, you'll need to decide whether to file state and federal taxes as 'married filing jointly' or 'married filing separately.' This decision can impact your tax liability, deductions, and credits. Consider consulting with a tax professional to determine the best approach for your specific financial situation. | - | Before next tax filing deadline |
| Update Address and Emergency Contacts | If you're moving in together after marriage, update your address with the postal service, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse. | - | Within 30 days after wedding |
Frequently Asked Questions
In Minnesota, you must be at least 18 years old (or 16-17 with parental consent), not be married to someone else, not be closely related to your intended spouse, and have the mental capacity to consent to marriage. You'll need to apply for a marriage license at any county courthouse in Minnesota, pay the license fee (typically $115, though it may be reduced with premarital counseling), and wait 5 days before the ceremony. The license is valid for 6 months, and your marriage must be solemnized by an authorized person such as a judge, court administrator, or ordained religious leader.
No, Minnesota does not require blood tests for marriage licenses. This requirement was eliminated years ago. You only need to complete the application, provide identification, and pay the fee.
Yes, Minnesota offers a reduced marriage license fee (typically from $115 to $40) if you complete at least 12 hours of premarital education from a qualified provider. You'll need to provide a signed and dated statement from the course provider on their letterhead when applying for your license.
Minnesota has a mandatory 5-day waiting period between when you apply for your marriage license and when the license becomes valid. In cases of emergency or extraordinary circumstances, a judge may waive this waiting period. Once issued, the license is valid for 6 months.
In Minnesota, marriages can be solemnized by judges, court administrators, retired court administrators, retired judges, clerks of court, licensed or ordained ministers, and certain religious leaders. Minnesota also allows for a one-day marriage officiant designation that allows a friend or family member to perform your ceremony after registering with the state.
Yes, Minnesota law requires that two adult witnesses be present at your marriage ceremony. These witnesses must sign your marriage certificate along with the officiant who performs the ceremony.
Minnesota is not a community property state but follows equitable distribution laws. Property acquired during marriage is generally considered marital property, while property owned before marriage or received as a gift or inheritance typically remains separate property. However, commingling separate property with marital assets can convert it to marital property. Consider creating a prenuptial agreement if you want to clearly define property rights.
Yes, prenuptial agreements (also called antenuptial agreements) are legally recognized in Minnesota. To be valid, the agreement must be in writing, signed by both parties, entered into voluntarily, include full financial disclosure, and not be unconscionable. It's recommended that each party have independent legal counsel review the agreement before signing. The agreement should be finalized well before the wedding to avoid claims of coercion.
Marriage itself doesn't automatically change your name in Minnesota. If you wish to change your name after marriage, you can use your marriage certificate as proof to update your name with the Social Security Administration first, then with the DMV for your driver's license, and other institutions. Either spouse can take the other's last name, keep their original name, hyphenate, or create a new combined name.
Yes, same-sex marriages have been legal in Minnesota since August 1, 2013, when the state enacted legislation recognizing same-sex marriage. Following the U.S. Supreme Court's Obergefell v. Hodges decision in 2015, same-sex marriage is legal throughout the United States. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples in Minnesota.