Saturday, May 19, 2007

How to Obtain a Marriage License in Massachusetts

All people who marry in Massachusetts must have a marriage license issued in Massachusetts. An out-of-state license cannot be used. This outlines the procedures you must follow to obtain the license.

How to Apply for a License

How do we apply for a marriage license?
You must both apply in person for a marriage license. This requirement is applicable to both residents and non-residents of the Commonwealth. According to Massachusetts law, you must jointly file intentions to marry, and you may do so with the city or town clerk in any community in the state. If a person is in the military, intentions may be filed by either party, providing one is a Massachusetts resident. If a person is incarcerated in a county house of correction or a state correctional facility, intentions may be filed by either party. A marriage license, once obtained, is valid for 60 days from the date intentions are filed and may be used in any Massachusetts city or town. It is not valid outside the state.

Waiting Period
Is there a waiting period from the date of application to the date the license is issued?
Yes, there is a mandatory three-day waiting period. While Sundays and holidays are included in the three days, the day the application is made is not. For example, if you apply on Friday, your license will be issued on or after Monday. Check with your town clerk to determine whether you must pick it up in person, or if it can be mailed.

Obtaining a Waiver of the Waiting Period

May we marry before the three days for good reason?
Yes, if you can obtain a court waiver after filing intentions. According to MGL Ch. 207:30, if both parties are residents, or non-residents, or one of each, and they need to dispense with the three days, they may do so by applying to the judge of a probate or district court to have the license issued without delay, after filing intentions with the clerk. Under extraordinary or emergency circumstances, such as if the death of either party is imminent or the female is nearing the end of her pregnancy, an authorized request by a minister or clergy person or an attending physician shall suffice and the clerk can issue the certificate without delay.

How do we obtain a waiver?
You should file your intentions first with any city or town clerk. Then an application for a waiver must be filed by both of you at a probate or district court. After a hearing, the court may issue a certificate allowing the marriage license to be issued, and the marriage performed without delay.

Cost of License

What is the cost of a marriage license?
Fees in most communities range between $4 and $15 dollars. The state statute stipulates a fee of $4 for the license but it allows cities and towns by a vote of their city councils, boards of selectmen or town meeting, or by a change in the by-laws, to set their own fee.

Age Requirement

At what age may a man or woman marry?
A Massachusetts resident may marry if he or she is 18 years of age or older. A birth certificate may be required to show proof of age.

What if one or both of us is under 18?
If either party is under 18, a court order from a probate or district court where the minor resides must be obtained before the marriage intentions can be filed.

Medical Certificates
Is a medical certificate required before a license can be issued?
Yes, a medical certificate is necessary for each of you unless you obtain a request in writing from a member of the clergy or attending physician stating that the woman is near the termination of her pregnancy or the death of either party is imminent.

Where can we obtain medical certificates?
You may obtain medical certificates from any physician licensed to practice in Massachusetts. Blank medical certificates for premarital tests may be obtained by medical practitioners and by out-of-state residents planning to marry in Massachusetts from:

Bureau of Communicable Disease Control
Department of Public Health
305 South Street
Boston, MA 02130
(617) 983-6940

To download the form: http://www.state.ma.us/dph/cdc/std/divstd.htm

Medical certificates from other states are valid for both the man and the woman. However, it is the responsibility of the physician to offer the woman a voluntary test for susceptibility to rubella (German measles) and to discuss with each applicant AIDS educational material, facts which are now noted by the physician on the Massachusetts medical certificate form. If the out-of-state certificate does not contain these provisions, the out-of-state physician must note them in a separate letter or a Massachusetts physician must complete those sections of the Massachusetts medical certificate which is then filed with the out-of-state certificate. In the case of out-of-state medical certificates the city or town clerk has the authority to waive the requirements for the discussion of the AIDS educational material.

What is the purpose of the medical certificate?
The medical certificate states that the individual has been examined and found free of communicable syphilis. The doctor may require a complete examination if, in the doctor's opinion, the possibility of syphilis is present. Also, the certificate indicates that the physician has offered the woman a voluntary test for susceptibility of rubella and that a physician has discussed with each applicant AIDS information.

May a person with communicable syphilis obtain a marriage license?
No. However, after the applicant has had sufficient treatment and is found non-infectious, the doctor will issue the medical certificate and a marriage license may be obtained.

Is a test for AIDS required to obtain a marriage license in Massachusetts?
No. However, it is now required by a regulation of the Department of Public Health that city and town clerks distribute to applicants for a marriage license and AIDS educational pamphlet. The pamphlet is entitled, "If You're Getting Married...Know the Facts About HIV" (PDF, 25Mb). Also it is the responsibility of the physician to discuss with each applicant for a medical certificate this AIDS educational material. For information and referral, contact:

Statewide toll-free AIDS hotline:
1-800-235-2331

U.S. Public Health Service toll-free hotline:
1-800-342 AIDS (2437)


How long are the medical certificates valid?
You may file intentions to marry without your medical certificates. However, the clerk cannot issue your marriage license until you have submitted the medical certificates. If you obtain the medical certificates prior to filing intentions, you must file intentions within 30 days or the medical certificates are no longer valid. Your marriage license, once obtained, is valid for 60 days from the date intentions are filed. Medical certificates which are obtained after the filing of intentions are valid for 60 days from the date intentions are filed, the length of time the marriage license itself is valid.

Where can we obtain a referral to a physician?
The Massachusetts Medical Society has a physician referral hotline: 1-800-322-2303.

Divorced and Widowed Applicants

What if one or both of us had been divorced?
You are not required to present a divorce certificate when filing intentions to marry. However, it is extremely important that an individual who has been divorced be certain that his/her divorce is absolute. If you are uncertain as to the absolute date of your divorce, you should contact the court where the divorce was granted. In Massachusetts, a divorce does not become absolute until 90 days after the divorce nisi has been granted, regardless of the grounds for divorce.

Is there any special requirement for a widow or widower who is remarrying?
No.

Witnesses to Ceremony

Do we need any witnesses present at the ceremony?
Massachusetts statute does not require that witnesses be present at your ceremony. However, if a member of the clergy performs the ceremony, you should ensure that you are in conformity with the appropriate religious tenets.

Clergy Persons and Justices of the Peace

What are the responsibilities of the member of the clergy or the justice of the peace?
The member of the clergy or justice of the peace must complete and sign the original license and return it to the clerk of the city or town where the license was issued.

What should be done if an out-of-state member of the clergy is to perform the marriage?
If an out-of-state member of the clergy is to perform the marriage, the clergy person must obtain a Certificate of Authorization from the Massachusetts Secretary of the Commonwealth prior to the ceremony. This certificate, which is issued by the Public Records Division of the Secretary of the Commonwealth, is to be attached to the original license and returned to the clerk of the city or town where the license was issued. For further information, contact:

Division of Public Records
Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2836

Is it possible for a layperson to solemnize a wedding?
Yes, it is possible for a non-minister or non-justice of the peace (such as a relative or family friend) to obtain special permission to perform a marriage from the Governor. Call the Governor's office at (617) 727-5787 to obtain an application for a one-time special appointment to solemnize a marriage. After approval, a $25 fee is paid to the Commissions Division of the Office of the Secretary of the Commonwealth.

More Information

Are there any special requirements if one applicant is an immigrant?
If either of the parties has arrived as an immigrant from a foreign country within five days, the application may be filed at any time before the marriage, and the certificate shall be issued at any time after the filing.

http://www.wedalert.com/content/articles/married_ma.asp

Getting Married in California

Here's what you need to know to make the marriage legal in California.

In order to get married, you need to apply and receive a marriage license. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are.

You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.

When you apply for your license, you'll not only need a proof of identification and age, will need to provide any information about previous marriages, and will need to pay a nominal fee. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.

And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.

Appointment Suggested: It is recommended that you call the County or City Clerk's office to see if they suggest setting an appointment. You could find yourselves in a long line with as much as a 2 hour wait without an appointment in some locales.

ID Requirement: Picture id such as Drivers License or other valid identification. Some counties recommend bringing certified copies of your birth certificates. Know your parents names, mothers' maiden name and places of their birth.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Residency Requirement: Do not have to be a resident of California.

Waiting Period: No waiting period.

Previous Marriages: You must show proof of divorce, death or annulment. You need to bring a copy of your final divorce decree if you have divorced within the 90 days through past year (varies by county.)

Fees: $80.00. Some counties will only accept cash.

Other Tests: No tests. NO BLOOD TEST IS REQUIRED.

Under 18: If either the bride or groom is under 18, at least one of the minor's parents, or legal guardian, must appear with the couple. Certified copies of birth certificates are required. The couple must also schedule an appointment with a counselor and then appear before a superior court judge.

Proxy Marriages: No.

Cousin Marriages: Yes.

Common Law Marriages: No.

Same Sex Marriages: No. However, Domestic Partnership Certificates are available in San Francisco and Marin Counties. One partner must live or work in that county and both must have photo ID.

Officiants: Any priest, minister, or rabbi of any religious denomination, of the age of 18 years or over may perform marriages. Ministers must complete the marriage license and return it to the county clerk within 4 days after the marriage.

Valid: License is valid for 90 days. The license can only be used within the State of California.

Confidential License: A regular marriage license is a public record. A license and certificate of confidential marriage is only accessible by the husband, wife, or by decree signed by a superior court judge. At least one witness is required to observe the solemnization for a regular, public ceremony. No witnesses are required to observe a confidential marriage ceremony. A regular license may be used throughout the state. However, the confidential license may only be used in the county of issue. The confidential license costs $80.00 same as the regular license.

Solemnization Authority: Marriage may be solemnized by any of the following who is of the age of 18 years or older:

1. A Priest, minister, or rabbi of any religious denomination.
2. A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
3. A judge or magistrate who has resigned from office.
4. Any of the following judges or magistrates of the United States:
1. A justice or retired justice of the United States Supreme Court.
2. A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the Judges of which are entitled to hold office during good behavior.
3. A judge or retired judge of a bankruptcy court or a tax court.
4. A United States magistrate or retired magistrate.
5. A legislator or constitutional officer of this state or a member of Congress who represents a district within this state, while that person holds office.

Each county offers civil ceremonies performed by a judge or commissioner. The cost is approximately $40.00. For additional information call your County Clerk's office.

http://www.wedalert.com/content/articles/married_ca.asp

Getting Married in Michigan

Here's what you need to know to make the marriage legal in Michigan.

In order to get married, you need to apply and receive a marriage license. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are.

You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.

Below you will find some specific Marriage requirements for Michigan.

ID Requirement: Picture ID such as a driver's license. You should know your Social Security numbers.

Residency Requirement: You do not have to be a resident of Michigan, but the fee is $10 more for non-residents. Residents need to apply for their marriage license in the county in which one of them lives. Non-residents need to apply for their marriage license in the county where they plan on getting married.

Application Requirement: Applicants intending to marry must obtain a marriage license from the county clerk in the county in which one of the parties lives (or, if both parties are non-residents, in the county where the marriage is to be performed), and deliver it to the person who is to solemnize the marriage, before the marriage can be performed. Both applicants are not required to appear in person at the time of applying. However, he or she will be required to complete all information about both applicants:

• A photocopy of the front and back of the other person's driver's license.
• Full names;
• addresses, dates and places of birth;
• Bride's name after marriage

Identification requirements vary in each county. A valid drivers license or certified copy of birth certificate may be requested.

Waiting Period: 3 days. The county clerk can waive the 3 day waiting period for "good and sufficient cause shown."

Fees: $20 for residents, and $30 for non-residents. $15.00 of it is allocated for family counseling services. Wayne County is authorized to charge more. A probate court may waive the marriage license fee in cases of undue hardship.

Blood Tests: No tests

Under 18: If you are 16 or 17 years old, you can get married with parental consent. Your parents must appear with their own identification and if a custodial parent, proof of their custody. If you are 15 or younger, you will need both parental consent and the approval of the probate court.

Marriage of a Minor: The legal marriage of a minor "shall release such minor from parental control."

Common Law Marriage: No. However, the State does recognize common law marriages that are valid in other states, or unless parties entered into the relationship prior to January 1, 1957. .

Solemnization Authority: Marriages may be solemnized by any of the following:
• Federal, probate, district, and municipal judges, and district court magistrates, in their court area;
• Mayors, in their city;
• Wayne County clerks;
• Ministers of the gospel, anywhere in the state, "if the minister is ordained or authorized to solemnize marriages according to the usages of the denomination, and is a pastor of a church in this state, or continues to preach the gospel in this state";
• Non-resident ministers of the gospel, anywhere in the state, if the minister is authorized to solemnize marriages by his or her state's laws.

Solemnization Form: No particular form or oath is required. The parties merely solemnly declare that they take each other as husband and wife before at least two witnesses and the person officiating. A special law allows "the people called Friends or Quakers" and "people of any other particular denomination, having, as such, any peculiar mode of solemnizing marriages" to solemnize their marriages in their own manner.

Solemnization Fee: Mayors and Wayne County clerks are specifically authorized to collect a fee (set by their city, or county commissioners) for solemnizing marriages. The money is to be turned in to the government. There are no specific provisions concerning fees charged by others.

Certificate: After the wedding ceremony the person who solemnizes the marriage fills in (typed or legibly printed) the certificate with the time and place of the marriage and the names and residences of the two witnesses, and signs it. The part marked "duplicate" is given to the newlyweds, and the original must be mailed to the county clerk that issued it within 10 days. The clerk records the information in a registration book, and mails it on to the the state registrar. The person who performs the marriage must also keep a record ''in a book used expressly for that purpose. The license, when fully filled out, thus serves a "double purpose" and becomes the certificate.

Officiants: A minister of the gospel who is ordained or authorized by his or her church to perform marriages and who is a pastor of a church in this state, or continues to preach the gospel in this state may perform marriages. Ministers must complete a marriage certificate and give one to the couple. Another marriage certificate must be returned to the county clerk who issued the license within 10 days after the marriage.

Valid: License is valid for 33 days.
The license can only be used within the State of Michigan.

Second Marriage: You need to know the date (mm/dd/yy) and how the last marriage ended. If it was within the last 6 months, you will need to bring proof of the divorce that can be left with the Clerk.
Same Sex Marriages: No. In November, 2004, voters passed a constitutional amendment banning same sex marriage.

http://www.wedalert.com/content/articles/Getting_Married_in_Michigan.asp

Getting Married in Louisiana

The Marriage License

Here's what you need to know to make the marriage legal in Louisiana.

ID Requirement: Picture ID such as a driver's license along with
a certified copy of your birth certificates. You should know your Social Security numbers. You should both also know your parent's full name, mother's maiden name, and the states in which you were born.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Residency Requirement: Do not have to be a resident of Louisiana.

Waiting Period: 72 hours. The waiting period can be waived by
a judge.

Covenant Marriage: Both parties must apply in person for this license, and premarital counseling is required.

If Divorced: If previously married, you will need to show proof of how the marriage ended, I.E.; a divorce judgment or a death certificate. These must be certified copies.

Fees: $25+ They vary from parish to parish. Some will only take cash.

Other Tests: No blood test requirement.

Under 18: If either party to the marriage is between the ages of 16 and 18, the presence and signatures of both parents are required. If a parent has legal custody in a divorce, a certified copy of the judgement must be presented. If either party is under the age of 16, a court order is required in order to obtain a license.

Proxy Marriages: Both parties need not be present (unless contracting a covenant marriage), but one of the parties must be present to apply for a marriage license. That party must present identification, for the absent party, in the form of a certified birth certificate.

Miscellaneous: Louisiana has passed a Covenant Marriage Act.

Officiants: Ministers of the gospel or priests of any denomination in regular communion with any religious society may perform marriages. Ministers must register with the clerk of the district court of the parish or with the health department if in New Orleans. After performing a marriage, the minister must complete a marriage certificate and return it to the clerk of the district court.

Valid: License is valid for 30 days.
The license can only be used within the State of Louisiana.

http://www.wedalert.com/content/articles/Getting_Married_in_Louisiana.asp