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Legal Requirements For Marriage- FAQs

Legal Requirements For Marriage- FAQs

The legal requirements for marriage can be vast but as soon as you get the information about what is required in your state, the whole process gets easy. Although the legal requirements differ from state to state, all legally binding marriages carried out in one state are recognized in all other states as legally binding. This article discusses a few legal requirements for marriage FAQs.

Q 1:What are the legal documents required for marriage?

The legal documents required for marriage is the Marriage License. You can obtain this from your county clerk and pay the clerk a fee. However, there are a few conditions you need to meet in order to be granted the marriage license. When you have your marriage license, you are free to get married. After the marriage ceremony, the person who officiated your wedding has to file for your marriage certificate from the applicable recording agency within your county. Failure to do this does not nullify your wedding but makes it more difficult for your marriage to be documented.

Q 2:Do I have to obtain blood tests before marriage?

Number of states no longer requires couples to be to obtain compulsory premarital physical exams or blood tests. A few states still need blood tests for venereal diseases, and other diseases like rubella, sickle-cell anemia, and tuberculosis. There are no compulsory requirements for HIV/AIDS testing, but a number of states require that those applying for marriage license applicants must undergo HIV tests or get information about where to get the test done.

Q 3:Do I have right to marry anyone I want?

  • You are only allowed to marry anyone you want if he or she is  atleast 18 years of age. A number of states require both parties to be 18 years old or more to get married. Otherwise, they have to obtain the permission of either their parents or a judge. The most widespread situations to obtain such permission from a judge is when the woman is pregnant, and for that to happen, the couple must provide evidence of being financially able to support themselves.
  • Individuals who are married and separated cannot get married till they have divorced their former spouse. They must provide proof of dissolution (divorce), annulment, or death of their former spouse to show that they have terminated their previous marriage or marriages.
  • The two people who want to marry must have the mental ability to enter into the marriage contract.
  • The two people who want to get married cannot be blood relatives. In a number of states, they can’t be closer than the third cousins. However, some states allow elderly first cousins to marry if they can no longer give birth.

Legal Requirements For Marriage- FAQs

Q 4:What’s the difference between a marriage license and a marriage certificate?

A marriage license is a document you need to get from the county clerk to permit you to get married while a marriage certificate is a document that proves you are married.

As a standard procedure, the couple gets a marriage license, attends their wedding ceremony, and then gets their officiating person to file a marriage certificate in the proper county office within a few days.

Q 5:Where do I obtain a marriage license?

You can obtain your marriage license at any county clerk’s office in the state where you want to get married. A few states need you to apply in the county clerk’s office where you plan to get married. You may be required to pay a small fee to receive your marriage license normally within a few days.

Q 6:What if I lost my marriage certificate?

You’d be able to get another certificate issued. The requirements vary from state to state. You’d need to pay a small fee.

Q 7:What are the legal requirements of marriage ceremonies?

The marriage ceremony must be carried out before witnesses and an officiant who must be qualified by the state like a priest, rabbi, or judge.

Q 8:Do we have to do anything after the wedding to consummate our wedding?

The law varies from state to state. So, you need to find out what is applicable in your state. A few states require the marriage to be consummated through sexual relations. Majority of states do not need consummation and merely consider the two as married, as soon as the marriage ceremony ends.


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