Yes, you can absolutely get married in another state, even if you are not a resident of that state. This is a common practice for couples who wish to have a destination wedding or simply prefer a location outside their home state. However, it's crucial to be aware of and prepare for a few key considerations.
Key Considerations for Out-of-State Weddings
While marrying in a different state offers flexibility, it requires careful planning to ensure your marriage is legally recognized. The most important step is to understand and adhere to the specific requirements of the state where you plan to exchange vows.
Understanding State Requirements
Each state has its own set of laws governing marriage licenses and ceremonies. Failing to meet these requirements can jeopardize the legality of your marriage. Here are common areas to research:
- Residency: Most states do not require either party to be a resident to obtain a marriage license.
- Application Process:
- Where to apply (typically the county clerk's office).
- Required forms and identification (e.g., valid government-issued photo ID, birth certificates).
- Any necessary fees.
- Waiting Periods: Some states impose a waiting period between the time you apply for the license and when you can actually use it, or between when you receive it and when the ceremony can take place.
- License Validity: Marriage licenses have an expiration date, meaning you must have your ceremony performed within a specific timeframe after obtaining the license.
- Blood Tests: While rare now, a few states may still require blood tests for certain conditions.
- Witnesses: Some states require one or two witnesses to be present and sign the marriage license.
- Officiant Requirements: The person performing your ceremony (officiant) must be legally authorized by that state to solemnize marriages.
- Divorce Decrees/Death Certificates: If either party has been previously married, you may need to provide proof of divorce (final decree) or a death certificate.
Example: Differences in State Requirements
| Requirement Category | Example A: State of California | Example B: State of New York |
|---|---|---|
| Residency | Not required | Not required |
| Waiting Period | None | 24-hour waiting period |
| License Validity | 90 days | 60 days |
| Witnesses | Not required | One witness required |
| Blood Tests | Not required | Not required |
| ID Required | Valid photo ID | Valid photo ID, birth certificate |
Note: These are general examples and specific requirements can change. Always verify current laws with the relevant state's County Clerk's office or State Health Department.
Preparing for Your Wedding Ceremony
Beyond understanding the legal requirements, thorough preparation is essential for a smooth out-of-state wedding.
- Gather Necessary Documents: Before traveling, ensure you have all required identification, previous divorce decrees, or other legal documents.
- Obtain Your Marriage License: Plan your travel to allow sufficient time to apply for and receive your marriage license within the state's specified timeframe, especially if there's a waiting period.
- Find an Authorized Officiant: Confirm that your chosen officiant is legally permitted to perform marriages in that state. Many states have registries or databases for authorized officiants.
- Consider a Prenuptial Agreement: If you are considering a prenuptial agreement, it's advisable to finalize this well in advance. Laws regarding prenuptial agreements can vary by state, so ensure it complies with the laws of the state where you plan to marry, and ideally, the states where you and your partner reside. Consult with legal counsel specializing in family law for guidance.
- Plan Ceremony Details: Coordinate all aspects of your ceremony, including the venue, vendors, and any cultural or personal traditions, keeping in mind the logistical challenges of planning from a distance.
By diligently researching the requirements of your chosen wedding state and preparing all necessary documentation and arrangements, you can ensure your out-of-state marriage is legally sound and a joyous occasion.
