What Legal Requirements Apply to the Performance of Marriage

Executive Summary

You will be asked to perform marriages for members of their congregation, relatives, and friends. The law regards marriage as a fundamental institution, and imposes several conditions on the performance of the marriage ceremony. You must be familiar with these conditions. T

Ministers are legally authorized to perform marriage ceremonies in every state. There are a number of legal issues with which you should be familiar.

Am I a "minister" who is authorized to solemnize marriages?

State laws vary determining which ministers who are authorized to perform marriages. Some require the minister be ordained; others require the minister be licensed or ordained; still others omit any reference to either licensing or ordination. Check your state law to be sure you meet the requirements of being a minister for purposes of performing marriage ceremonies. Your county recorder's office is the place to start.

Can I perform a marriage in another state?

With the increasing mobility of American families, this is a question that arises frequently. The answer depends upon the law of the state in which the marriage will be performed. In some states, any minister is eligible to perform a marriage regardless of his or her residence. Other states allow nonresident ministers to perform a marriage within their state if they are legally authorized to do so in their state of residence. Some states have in place limitations on the authority of nonresident ministers to perform marriages. Before agreeing to perform a marriage in another state, be sure to check with civil authorities in that state to be sure you are authorized to perform the marriage.

What are the legal requirements for a valid marriage?

Every state has legislation prescribing various requirements that are required in order for a lawful marriage to occur. While there is much variation, some requirements are common. These include the following:

legal capacity of he people desiring to be married

Each state issues guidelines as to those persons who are not permitted to marry, or who may marry only under certain conditions. For example, persons who are too closely related are prohibited from marrying in all states, although relationship varies widely. Also, persons below a certain age are prohibited from marrying without the consent of one or both parents, or a court. Many states prohibit marriages between persons of the same gender; persons with a mental disabilities; or imprisoned felons. Persons with a living spouse (not divorced) are barred from marrying. It is important for you to become familiar with their state's description of those persons who are authorized, and not authorized, to marry.

license

Most states require the couple has obtained a marriage license. Licenses are obtained by completing and submitting an application to the appropriate government office, along with the applicable fee. Licenses usually are valid for only a specified period of time, and the wedding must usually take place in the county in which the the license was issued. Ministers may be criminally liable for marrying couples with expired licenses. You should request a copy of the marriage license, and ensure that it does not expire prior to the wedding date.

the ceremony

Most statutes simply state that ministers may perform marriages in accordance with their religious tradition.

the marriage certificate

Most states require ministers to complete a marriage certificate after the solemnization of a marriage, and return it to the same government office that issues marriage licenses. State law generally prescribes the deadline for filing marriage certificates, and the penalty for not doing so.

criminal penalties

Many states also impose criminal penalties upon ministers for the following acts:

(1) failure to maintain a record of marriage ceremonies performed;

(2) failure to return promptly to the proper authorities a properly completed certificate of marriage and the license to marry;

(3) marrying persons without a marriage license, or with an expired license;

(4) marrying persons not legally capable of marrying (because of age, relationship, or some other disability specified by state law).