Getting Married in Tennessee: Legal Requirements and Process
Getting married in Tennessee requires obtaining a marriage license from a county clerk's office, which is valid for 30 days. Tennessee residents must wait 3 days after receiving their license before marrying, though this waiting period can be waived for non-residents or with a court order.
Tennessee marriage licenses require both parties to appear in person at the county clerk's office with valid identification. Failure to follow state requirements could result in your marriage not being legally recognized, so understanding the process is essential.
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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 (TN Code § 36-3-104)
In Tennessee, couples must obtain a marriage license from a county clerk before getting married. Both parties must appear in person, provide identification, and pay a fee. The license is valid for 30 days from issuance. Tennessee offers a discount on the license fee if couples complete premarital counseling from a qualified provider.
Age Requirements (TN Code § 36-3-105)
Tennessee law requires both parties to be at least 17 years old to marry. Those who are 17 require parental or guardian consent. Recent legislation eliminated exceptions that previously allowed younger individuals to marry with judicial approval.
Waiting Period (TN Code § 36-3-104)
Unlike some states, Tennessee does not impose a waiting period between obtaining a marriage license and performing the ceremony. Once you have your license, you can get married immediately, though the license is only valid for 30 days.
Solemnization Requirements (TN Code § 36-3-301)
Tennessee law specifies who can legally perform marriages, including current and former county executives, judges, county clerks, ministers, pastors, and other spiritual leaders. The person performing the ceremony must return the completed marriage license to the issuing clerk within three days after the ceremony.
Name Change After Marriage (TN Code § 68-3-305)
Tennessee allows individuals to change their last name after marriage by using their marriage certificate as legal proof. This can be used to update your name with the Social Security Administration, Tennessee Department of Safety (for driver's licenses), and other institutions.
Regional Variances
County Marriage License Requirements in Tennessee
In Davidson County, both parties must appear in person at the County Clerk's office. The marriage license fee is $99, but can be reduced to $40 with proof of premarital counseling. The license is valid for 30 days from issuance. The County Clerk's office is located in downtown Nashville and satellite offices throughout the county.
Shelby County requires both applicants to appear together with valid ID. The fee is $97.50 without premarital counseling or $37.50 with completion of a state-approved premarital preparation course. The Shelby County Clerk has multiple locations, including the main office in downtown Memphis.
Knox County requires both parties to apply in person with valid photo ID. The standard fee is $97.50, reduced to $37.50 with proof of premarital counseling. The County Clerk's office is in the Old Knox County Courthouse in downtown Knoxville, with limited satellite locations.
Hamilton County requires both applicants to appear in person with valid government-issued photo ID. The fee is $97.50, or $37.50 with a certificate of completion from a qualifying premarital preparation course. The County Clerk's office is located in the Hamilton County Courthouse.
As a popular wedding destination, Sevier County has streamlined marriage license processes. The fee is $97.50 (or $37.50 with premarital counseling). The county has special accommodations for out-of-state couples planning destination weddings in the Smoky Mountains area, including extended office hours during peak wedding seasons.
Waiting Period and Blood Test Requirements
Tennessee has no waiting period between obtaining a marriage license and the ceremony. Blood tests are not required in any Tennessee county. This is consistent statewide, making Tennessee more convenient for couples planning destination weddings compared to some neighboring states that may have waiting periods.
Same-Sex Marriage Policies
Same-sex marriage is legal throughout Tennessee following the 2015 Supreme Court decision in Obergefell v. Hodges. All counties must issue marriage licenses to same-sex couples under the same terms and conditions as opposite-sex couples. However, some rural counties may have individual clerks who express personal objections, though they are legally required to issue licenses.
Officiants and Ceremony Requirements
Tennessee recognizes ceremonies performed by various religious officials, current and former judges, county mayors, and speakers of the state legislature. Tennessee also has a unique 'marriage by declaration' option (sometimes called common-law marriage) in limited circumstances, though this varies in recognition by county.
These counties, home to popular wedding destinations like Gatlinburg and the Smoky Mountains, have numerous wedding chapels with ordained ministers who can legally perform ceremonies. These counties have streamlined processes for tourists seeking destination weddings.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingBoth parties must appear in person at a County Clerk's office in Tennessee. You'll need to bring valid identification (driver's license, passport, or birth certificate), social security numbers (if you have one), and payment for the license fee (approximately $100, but reduced if you complete premarital counseling). The license is valid for 30 days from issuance. No blood test is required in Tennessee.
Consider Premarital Counseling
45 days before wedding days after startingTennessee offers a discount on marriage license fees (approximately $60 reduction) for couples who complete premarital counseling with a qualified provider. You'll need a certificate of completion from the counselor to receive the discount.
Discuss and Draft a Prenuptial Agreement
60 days before wedding days after startingIf you wish to establish property rights and financial responsibilities before marriage, consider a prenuptial agreement. For it to be valid in Tennessee, it must be in writing, signed by both parties, entered into voluntarily, include full financial disclosure, and be fair and reasonable. It's strongly recommended that each party has their own attorney review the agreement before signing.
Plan for Name Change (if applicable)
15 days after wedding days after startingIf either party plans to change their name after marriage, prepare the necessary documentation. In Tennessee, you can use your marriage certificate as proof of name change with the Social Security Administration, DMV, and other institutions. Start with Social Security, then update your driver's license, passport, and other documents.
Create or Update Your Will
60 days after wedding days after startingMarriage is a significant life event that necessitates creating or updating your will. In Tennessee, a valid will must be in writing, signed by the testator (person making the will), and witnessed by two competent individuals who also sign the document. Consider how you want to distribute your assets and who you want to name as executor.
Establish Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse (or another designated person) to make healthcare decisions for you if you become incapacitated. In Tennessee, this document must be signed and either witnessed by two individuals or notarized. It's important to discuss your healthcare preferences with your designated agent.
Create a Durable Power of Attorney
60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Tennessee, a durable power of attorney must be in writing, signed, witnessed, and notarized to be valid. Be specific about what powers you're granting.
Update Beneficiary Designations
45 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Tennessee, these designations typically override what's in your will, so it's crucial to keep them current. Contact each financial institution for their specific forms and procedures.
Consider Joint Banking Arrangements
30 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. Tennessee is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are generally considered marital property, while separate accounts may maintain their separate property status if not commingled.
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 Tennessee, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department for specific procedures and deadlines.
Research Tax Implications
90 days after wedding days after startingMarriage affects your tax filing status and potentially your tax liability. Research whether filing jointly or separately is more advantageous for your situation. Consider consulting with a tax professional to understand the full implications for your specific financial situation.
Update Address and Contact Information
10 days after address change days after startingIf either spouse is relocating, update your address with the postal service, DMV, voter registration, financial institutions, and other important contacts. In Tennessee, you must update your driver's license address within 10 days of moving.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | Both parties must appear in person at a County Clerk's office in Tennessee. You'll need to bring valid identification (driver's license, passport, or birth certificate), social security numbers (if you have one), and payment for the license fee (approximately $100, but reduced if you complete premarital counseling). The license is valid for 30 days from issuance. No blood test is required in Tennessee. | Marriage License Application | 30 days before wedding |
| Consider Premarital Counseling | Tennessee offers a discount on marriage license fees (approximately $60 reduction) for couples who complete premarital counseling with a qualified provider. You'll need a certificate of completion from the counselor to receive the discount. | - | 45 days before wedding |
| Discuss and Draft a Prenuptial Agreement | If you wish to establish property rights and financial responsibilities before marriage, consider a prenuptial agreement. For it to be valid in Tennessee, it must be in writing, signed by both parties, entered into voluntarily, include full financial disclosure, and be fair and reasonable. It's strongly recommended that each party has their own attorney review the agreement before signing. | Prenuptial Agreement | 60 days before wedding |
| Plan for Name Change (if applicable) | If either party plans to change their name after marriage, prepare the necessary documentation. In Tennessee, you can use your marriage certificate as proof of name change with the Social Security Administration, DMV, and other institutions. Start with Social Security, then update your driver's license, passport, and other documents. | Name Change Application | 15 days after wedding |
| Create or Update Your Will | Marriage is a significant life event that necessitates creating or updating your will. In Tennessee, a valid will must be in writing, signed by the testator (person making the will), and witnessed by two competent individuals who also sign the document. Consider how you want to distribute your assets and who you want to name as executor. | Updated Will | 60 days after wedding |
| Establish Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make healthcare decisions for you if you become incapacitated. In Tennessee, this document must be signed and either witnessed by two individuals or notarized. It's important to discuss your healthcare preferences with your designated agent. | Healthcare Power of Attorney | 60 days after wedding |
| Create a Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Tennessee, a durable power of attorney must be in writing, signed, witnessed, and notarized to be valid. Be specific about what powers you're granting. | Durable Power of Attorney | 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Tennessee, these designations typically override what's in your will, so it's crucial to keep them current. Contact each financial institution for their specific forms and procedures. | Beneficiary Designation Forms | 45 days after wedding |
| Consider Joint Banking Arrangements | Decide whether to maintain separate accounts or establish joint accounts. Tennessee is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are generally considered marital property, while separate accounts may maintain their separate property status if not commingled. | Joint Bank Account Application | 30 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 Tennessee, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department for specific procedures and deadlines. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Tax Implications | Marriage affects your tax filing status and potentially your tax liability. Research whether filing jointly or separately is more advantageous for your situation. Consider consulting with a tax professional to understand the full implications for your specific financial situation. | - | 90 days after wedding |
| Update Address and Contact Information | If either spouse is relocating, update your address with the postal service, DMV, voter registration, financial institutions, and other important contacts. In Tennessee, you must update your driver's license address within 10 days of moving. | - | 10 days after address change |
Frequently Asked Questions
In Tennessee, you must be at least 18 years old to get married without parental consent (17 with parental consent). Both parties must apply for a marriage license in person at a county clerk's office in Tennessee. You'll need to bring valid identification (driver's license, passport, or birth certificate) and your Social Security number. There is no residency requirement, and the license fee typically ranges from $35-$100 depending on the county. The license is valid for 30 days from issuance, and there is no waiting period to use it after receiving it.
No, Tennessee no longer requires blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the application process at the county clerk's office.
In Tennessee, marriages can be legally performed by ordained ministers, pastors, priests, rabbis, and other spiritual leaders, as well as current and former government officials including judges, county mayors, county executives, and current or former speakers of the state legislature. The officiant must be recognized by their religious organization or properly authorized by the state. Online ordinations are generally accepted in Tennessee, but it's always best to verify with the specific county clerk's office.
Unlike some states, Tennessee does not legally require witnesses to be present at your wedding ceremony. However, your officiant may have their own requirements, and some couples choose to have witnesses for traditional or ceremonial purposes. The marriage license will need to be signed by the officiant and returned to the county clerk's office within three days after the ceremony.
If you don't use your Tennessee marriage license within the 30-day validity period, it will expire. In this case, you would need to apply for a new license and pay the fee again. There are no exceptions to extend the validity period, so plan your wedding date accordingly.
Yes, non-U.S. citizens can get married in Tennessee. The non-citizen partner will need to provide a valid passport or other government-issued identification. No proof of immigration status is required for obtaining a marriage license. However, if the non-citizen partner's name on their identification doesn't match their birth certificate due to a name change, additional documentation may be required.
After marriage in Tennessee, you can legally change your last name by using your marriage certificate as proof. You'll need to update your Social Security card first, then your driver's license, and then other documents and accounts. There is no requirement to change your name, and you can choose to keep your maiden name, take your spouse's name, hyphenate, or create a new combined name. For options beyond simply taking your spouse's last name, you might need to go through a formal name change process with the courts.
Yes, Tennessee offers a significant discount on marriage license fees for couples who complete a premarital preparation course. The discount is typically $60 off the regular fee. To qualify, you must complete at least four hours of premarital counseling with a qualified provider (such as a licensed counselor, psychologist, clinical social worker, or religious leader) and present a certificate of completion when applying for your license. The course must be completed within one year before applying for the license.
Tennessee recognizes valid marriages performed in other states and countries, as long as the marriage was legal where it was performed and doesn't violate Tennessee public policy. You don't need to register your out-of-state marriage in Tennessee or get remarried. Your marriage certificate from the original jurisdiction serves as your legal proof of marriage. Keep your original marriage certificate in a safe place, as you may need it for name changes, insurance, or other legal matters.
Tennessee 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 Tennessee. However, Tennessee will generally recognize valid common law marriages established in states that do allow them, if the couple later moves to Tennessee. If you want legal recognition of your relationship in Tennessee, you must obtain a marriage license and have a ceremony performed by an authorized officiant.