groom signing marriage license after wedding
What happens if you perform a wedding, but the couple forgot the marriage license?

For most couples, many details go into creating the wedding ceremony of their dreams. From choosing the venue to selecting a wedding party to determining attire, couples often rely on professionals such as an officiant and a wedding planner to help with the details. These pros help you dot every “i” and cross every “t,” but sometimes things happen. Imagine your special day arrives and you’re ready to kick things off, but there’s no marriage license!

What Do You Do?

Whether you forgot to bring it or neglected to get one in the first place, you don’t have it and now you’re faced with the big question: Can you get married with no marriage license? The quick and simple answer is: no. It is impossible to be legally married without a license. This crucial legal document officially recognizes a couple’s union. Without a license, you and your spouse-to-be cannot be legally married and enjoy the benefits and protections that marriage affords.

What If You Lost Your License?

Surely you knew that you needed a license and in all the commotion, you lost it sometime before the ceremony. In this case, immediately contact the county clerk’s office or other issuing authority to request a replacement. Most offices will issue a duplicate for a small fee. Explain your situation and bring any available documentation, including ID, to expedite the process. If you lost the marriage license after it was signed but before being returned to the county clerk’s office, you, your officiant, and any witnesses should sign the duplicate and return it as soon as possible. Most states provide a limited window to file the license.

What If You Forgot Your License?

A wedding officiant, regardless of their religious affiliation, cannot legally marry you without your license. In most states, doing so is considered a misdemeanor. If you forgot the license at home, you have one of three options:

  • Postpone the ceremony: The safest option concerning the law is to postpone the ceremony until you can retrieve the license. This ensures that the marriage is legal and avoids a situation where the officiant commits a misdemeanor. 
  • Ask everyone to wait while you retrieve the license: Postponing the ceremony may not be feasible, and if the license isn’t located too far away, you can ask guests and vendors to wait. Keep in mind that you may incur additional charges from your vendors for delays, and some people, including your officiant, may have other events on their schedule. Consider having someone in your wedding party become ordained by the Universal Life Church in advance as a backup.
  • Turn the wedding into a commitment ceremony: If retrieving the license is not an option, you can turn the wedding into a commitment ceremony. If you go this route, be sure to discuss this with your officiant as the script cannot have any references to marriage. You can enjoy all the “pomp and circumstance” of the big day, but you’ll need to arrange another time to complete and sign the license with your officiant and witnesses for you and your partner to be legally wed.

Are There Any Conditions for Marriage Without a License?

There are a handful of states that recognize domestic common-law marriages with restrictions. If you’re already in a common-law marriage and want to formalize things with a ceremony, contact your city or county clerk. Marriage laws change quickly and what works in one place often doesn’t work in others.

While a wedding ceremony can be a wonderful celebration of love and devotion, it doesn’t amount to much without a marriage license. Married couples enjoy several legal benefits related to taxes, inheritance, parental and child custody rights, and more thanks to that license. Ensure the legal validity of your marriage and safeguard your ceremony by obtaining a license, bringing it to the wedding, and sending it to your local clerk's office afterward!

Category: Weddings

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