Legal documents required for marriage
Marriage certificate is an official document that serves as a proof that two people are legally married.
Requirement of the marriage certificate may occur in number of reasons. It may be required as a proof of change of a spouse’s name, on matters of legality of a child, in the process of divorce, or as component of a genealogical history, aside from other purposes.
In some parts of the United States, the certificate of marriage is put down on the same document as the application for marriage or marriage license. Most states have a particular portion of the record to be filled out by the official performing the ceremony, while each state creates their own form for use with the recording of matrimony. Above mentioned portion also includes places for the parties to indicate a change in name. it works in some states, such as Nevada.
The marriage certificate can be used as documentation to authenticate a legal surname change but not as confirmation that a surname change has took place. In case, if there is no space for a change of surname to be put down, the surname is changed as asked on government documents with verification of marriage. Though, it is necessary to obtain a marriage license from the county clerk first. The marriage certificate should be granted as long as you and your partner satisfy the demands. Afterwards, it will be possible to proceed with the wedding ceremony. With the applicable recording agency in your county, the officiant has to file your marriage certificate. It does not nullify or invalidate your marriage if they do not do that, although, it just may make it more complicated to document your marriage.
The dissimilarity between a marriage license and a marriage certificate
Before you get married, you must obtain from the county clerk a document known as marriage license. An official document that proves that two people are married is known as marriage certificate.
Commonly, couples get a marriage license first, then they hold the wedding ceremony, and then address the officiant to file the certificate in the relevant county office within days. Afterwards, a certified copy of the marriage certificate will be sent to the married couple.
Most of the states require that the marriage certificate is signed by both spouses, one or two witnesses and the officiant. This often takes place just after the wedding ceremony.
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Where can be marriage license obtained?
At any county clerkâs office in the state in which you want to be married, you can normally apply for your marriage license. In some states you are required to apply in the clerk’s office of the county, where you want to be married. A small fee is required in most of the states and getting your marriage license typically takes couple of days.
Customarily, your marriage license will become no longer valid 30 (thirty) days after it is issued. If this takes place, do not worry, you will be able to apply for a new one. Nevertheless, most states suggest a waiting period from the time of the issuance of the marriage license till the time of an actual ceremony. The concept of the waiting period is to let the parties change their minds, in case if they want to. Some states have wait periods as follows:
Delaware, Illinois, South Carolina – 1 day wait period
Maryland, New York – 2 day wait period
Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, Washington – 3 day wait period
Minnesota, Ohio, Wisconsin – 5 day wait period
What if person loses marriage certificate?
Each state requires different steps to take in order to get copies of marriage certificates. You should visit the National Center for Health Statistics’ website to get the information about where in your state you can call, write, email or fax the documents you need. There is probably a small fee to be paid, between 5 to 10 USD.
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Is it mandatory to make blood tests as a part of the marriage requirements?
Many states have gotten rid of the mandatory for premarital blood tests or physical exams, but some still ask for blood tests for venereal diseases, and a few also test for tuberculosis, sickle-cell anemia and rubella. There is no compulsory HIV/AIDS testing, but the majority of states require that marriage license applicants be offered to make such tests or to be informed about test locations.
Can a person marry anyone he/she wants?
Age – In majority of states it is required for both of the parties to be 18 years old or older to enter marriage. In some states it is allowed for minors, above a certain age, to get married with parental and/or judicial approval. In order to prevent minors from entering predatory marriages, in some states, minors are often not allowed to marry adults who are more than three or four years older.
Marital status – Persons who are hitherto married, cannot get married again till they are officially divorced, they cannot get marry even with a legal separation.
Mental capacity – Both of the persons must have the mental capacity to enter into an agreement. If either person cannot or does not comprehend what it means to be married due to the mental illness, alcohol, drugs, other substances or issues that influence judgment, then that person does not have the mental capacity to agree to the marriage.
Unrelated – The two persons cannot be biologically related. At times, they cannot be closer than third cousins. Many states give permission to first cousins to marry if they are of an elderly age and no longer have an ability to conceive.
Gender – After the United States Supreme Court’s landmark Obergefell v. Hodges ruling in 2015, same-sex marriage became legal immediately in all 50 states. Previous to that ruling, same-sex marriage was left mainly to state law.
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