Getting Married in Mississippi: Legal Requirements and Considerations
Getting married in Mississippi requires couples to obtain a marriage license from a county clerk, with both parties present and providing proper identification. Mississippi has no waiting period after receiving your license, but the license is only valid for 30 days from issuance.
Understanding Mississippi's marriage laws is essential for ensuring your marriage is legally valid. Failure to comply with state requirements could result in complications with your marital status, property rights, and benefits eligibility.
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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 Mississippi, both parties must appear in person at the county clerk's office to apply for a marriage license. You'll need to provide proof of age (must be 21+ to marry without parental consent), and there is no waiting period after receiving the license. The license is valid for 30 days after issuance.
Parental Consent for Minors
Mississippi law requires parental consent for individuals under 21 years of age who wish to marry. Those under 17 require consent from both parents, while those 17-20 need consent from one parent. This is relevant for couples where one or both parties are under 21.
Marriage Without Ceremony Option
Mississippi recognizes marriage by mutual consent and public declaration (sometimes called common law marriage) only if it occurred before April 5, 1956. For current marriages, a ceremony with an authorized officiant is required after obtaining a valid license.
Covenant Marriage Option
Mississippi does not have a covenant marriage option, unlike some neighboring states. All marriages in Mississippi are subject to the same legal requirements and dissolution procedures regardless of religious ceremony type.
Same-Sex Marriage Rights
Following the U.S. Supreme Court's decision in Obergefell v. Hodges (2015), same-sex marriage is legal in Mississippi. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples throughout the state.
Property Rights in Marriage
Mississippi is not a community property state but follows equitable distribution laws. This means that property acquired during marriage isn't automatically split 50/50 in case of divorce, but rather divided 'fairly' based on various factors determined by the court.
Regional Variances
Marriage License Requirements in Mississippi
In Mississippi, both parties must appear in person at the county clerk's office to apply for a marriage license. There is no waiting period after receiving the license, and the license is valid for 30 days. Mississippi does not require blood tests. The marriage license fee varies by county but is typically between $21-$35.
DeSoto County charges $22 for a marriage license. Both applicants must present valid photo identification, and at least one applicant must be a resident of DeSoto County if both are Mississippi residents.
Harrison County charges $25 for a marriage license. The county clerk's office requires both parties to present a certified copy of their birth certificate and a valid photo ID.
Hinds County charges $21 for a marriage license. The county requires both applicants to present a valid government-issued photo ID. The Hinds County Circuit Clerk's office in Jackson has specific hours for marriage license applications (8:00 AM - 4:30 PM, Monday through Friday).
Jackson County charges $30 for a marriage license. Both parties must present a valid photo ID and proof of social security number. The county clerk's office requires cash payment for marriage licenses.
Age Requirements for Marriage
In Mississippi, the minimum age to marry is 21 without parental consent. Individuals who are 17-20 years old can marry with parental consent. Males under 17 and females under 15 cannot marry, even with parental consent. For those between 15-16 (females) and 17-20 (males and females), both parental consent and judicial approval may be required.
Officiants and Ceremony Requirements
Mississippi recognizes marriages performed by ordained ministers, judges, mayors, and justices of the peace. The state does not recognize online ordinations from certain organizations, so couples should verify their officiant's credentials. Mississippi does not require witnesses for the ceremony, though many officiants prefer to have them.
In coastal counties like Harrison, Hancock, and Jackson, there are specific regulations for beach weddings. Permits may be required for ceremonies on public beaches, particularly if the wedding party exceeds 10 people or if you plan to set up chairs, arches, or other decorations.
Name Change Procedures
Mississippi allows individuals to change their name through marriage. The marriage certificate serves as proof of the name change. You'll need to update your name with the Social Security Administration first, then with the Mississippi Department of Public Safety for your driver's license, and other institutions as needed.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn Mississippi, both parties must appear in person at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security numbers. The fee is typically $21-25 depending on the county. There is no waiting period in Mississippi, and the license is valid for 30 days after issuance.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Mississippi, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Mississippi law.
Update or Create a Will
30 days after wedding days after startingMarriage automatically changes certain inheritance rights in Mississippi. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Mississippi, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses who also sign the document.
Create Healthcare Power of Attorney
45 days after wedding days after startingThis document allows your spouse to make medical decisions on your behalf if you become incapacitated. In Mississippi, this must be signed in the presence of two witnesses or notarized. The witnesses cannot be the person you're appointing, healthcare providers, or employees of your healthcare facility.
Establish Durable Power of Attorney
45 days after wedding days after startingThis allows your spouse to handle financial and legal matters if you become incapacitated. In Mississippi, a durable power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized. It should specifically state that it remains effective during incapacity.
Update Beneficiary Designations
60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Mississippi, these designations typically override will provisions, so it's crucial to update them to reflect your new marital status.
Apply for Name Change (if applicable)
90 days after wedding days after startingIf either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other identification. In Mississippi, your marriage certificate serves as proof for the name change process. Visit your local Social Security office with your marriage certificate and current ID.
Establish Joint Bank Accounts (if desired)
60 days after wedding days after startingIf you plan to combine finances, visit your bank to establish joint accounts. In Mississippi, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate if one spouse dies.
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 plans. In Mississippi, you typically have 30-60 days after marriage to make these changes. Contact your employer's HR department or your insurance provider directly.
Research Mississippi Marital Property Laws
90 days after wedding days after startingMississippi is an equitable distribution state, not a community property state. This means that in case of divorce, marital property is divided fairly but not necessarily equally. Understanding these laws can help you make informed decisions about property ownership and financial planning during your marriage.
Update Tax Filing Status
By next tax filing deadline days after startingAs a married couple in Mississippi, you'll need to decide whether to file taxes jointly or separately. For most couples, filing jointly offers tax advantages, but there are situations where filing separately might be beneficial. Consult with a tax professional to determine the best approach for your situation.
Review and Update Estate Plan
90 days after wedding days after startingBeyond a will, consider if you need a trust or other estate planning tools. Mississippi has specific laws regarding inheritance and estate taxes. A comprehensive estate plan can help minimize taxes and ensure your assets are distributed according to your wishes.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Mississippi, both parties must appear in person at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security numbers. The fee is typically $21-25 depending on the county. There is no waiting period in Mississippi, and the license is valid for 30 days after issuance. | Marriage License Application | 30 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Mississippi, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Mississippi law. | Prenuptial Agreement | 60 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Mississippi. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Mississippi, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses who also sign the document. | Updated Will | 30 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse to make medical decisions on your behalf if you become incapacitated. In Mississippi, this must be signed in the presence of two witnesses or notarized. The witnesses cannot be the person you're appointing, healthcare providers, or employees of your healthcare facility. | Healthcare Power of Attorney | 45 days after wedding |
| Establish Durable Power of Attorney | This allows your spouse to handle financial and legal matters if you become incapacitated. In Mississippi, a durable power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized. It should specifically state that it remains effective during incapacity. | Durable Power of Attorney | 45 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Mississippi, these designations typically override will provisions, so it's crucial to update them to reflect your new marital status. | Beneficiary Designation Forms | 60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other identification. In Mississippi, your marriage certificate serves as proof for the name change process. Visit your local Social Security office with your marriage certificate and current ID. | Name Change Application | 90 days after wedding |
| Establish Joint Bank Accounts (if desired) | If you plan to combine finances, visit your bank to establish joint accounts. In Mississippi, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate if one spouse dies. | 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 plans. In Mississippi, you typically have 30-60 days after marriage to make these changes. Contact your employer's HR department or your insurance provider directly. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Mississippi Marital Property Laws | Mississippi is an equitable distribution state, not a community property state. This means that in case of divorce, marital property is divided fairly but not necessarily equally. Understanding these laws can help you make informed decisions about property ownership and financial planning during your marriage. | - | 90 days after wedding |
| Update Tax Filing Status | As a married couple in Mississippi, you'll need to decide whether to file taxes jointly or separately. For most couples, filing jointly offers tax advantages, but there are situations where filing separately might be beneficial. Consult with a tax professional to determine the best approach for your situation. | - | By next tax filing deadline |
| Review and Update Estate Plan | Beyond a will, consider if you need a trust or other estate planning tools. Mississippi has specific laws regarding inheritance and estate taxes. A comprehensive estate plan can help minimize taxes and ensure your assets are distributed according to your wishes. | - | 90 days after wedding |
Frequently Asked Questions
In Mississippi, you must be at least 21 years old to marry without parental consent (17-20 requires parental consent). Both parties must apply for a marriage license in person at a county clerk's office with valid ID. There is no waiting period after receiving your license, and the license is valid for 30 days. Mississippi does not require blood tests or premarital counseling. You'll need to pay a license fee (typically $21-$35 depending on the county).
Mississippi law does not require witnesses for your marriage ceremony. However, your officiant must sign your marriage license. Some religious ceremonies may include witnesses as part of their traditional practices, but this is not a legal requirement under Mississippi state law.
In Mississippi, marriages may be solemnized by ordained ministers, judges (including Supreme Court justices, circuit court judges, chancellors, county court judges, and justice court judges), and members of the Mississippi Legislature. Ship captains are not authorized to perform marriages in Mississippi. The officiant must complete and return the marriage license to the clerk's office within 30 days after the ceremony.
Yes, same-sex marriages are legal in Mississippi, as they are throughout the United States following the Supreme Court's 2015 ruling in Obergefell v. Hodges. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples and follow the same procedures for obtaining a marriage license.
Name changes after marriage are optional in Mississippi, not mandatory. If you choose to change your name, you can use your marriage certificate as proof of your name change when updating your Social Security card, driver's license, passport, and other identification documents. The process typically begins with updating your Social Security information first, then proceeding to other documents.
No, Mississippi does not recognize common law marriages established within the state. Regardless of how long you live together or present yourselves as married, you cannot establish a common law marriage in Mississippi. However, Mississippi will recognize valid common law marriages that were legally established in states that do permit them.
If you don't use your marriage license within the 30-day validity period, it will expire and become invalid. You would need to apply for a new license and pay the fee again. There are no exceptions to extend an expired license in Mississippi, so plan your wedding date accordingly.
No, you do not need to be a Mississippi resident to get married in the state. Non-residents can apply for a marriage license at any county clerk's office in Mississippi, following the same procedures and requirements as residents. This makes Mississippi a viable option for destination weddings.