Marriage and Divorce Laws

Obtaining a marriage license and filing are required by law, but not essential to proving the existence of marriage. Common law marriages depend upon a man and a woman living as husband and wife and representing themselves publicly as husband and wife. Over time, common law marriages are also recognized and create the same obligations as other marriages. Most problems with common law marriages are related to claiming benefits associated with conforming marriages.

Marriage and Divorce Requirements

To obtain a marriage license, most states require couples prove compliance with legal requirements and perform background searches on each person. Common requirements include:

• One or more of the following: driver's license, certified birth certificate, passport, military ID, and/or social security card.
• An affidavit stating each individual is not married, does not owe past due child support obligations, and a final divorce decree has not been issued within 30 days (appeal period).
• Waiting periods range between 0 to 30 days - military personnel may qualify for waiver.
• No outstanding warrants or fines.
• A fee is charged.

Marriage and Divorce Law Variations

Each state determines the standard for permissible marriages. Variations in state law include: minimum age, residency requirements (if any), marriage between cousins, same sex marriages, mandatory blood testing, waiting periods, persons authorized to conduct marriages, and pre-marital counseling. The clerk's office usually provides free handouts describing all state and local requirements.

See Also: Marriage Issues, Reasons for termination, Fast, Quick Questions