Performing marriages is both enjoyable and satisfying. You need have no hesitation as long as you follow the laws and procedures in your state. Our purpose is to let you know, in general, the laws of your state and to let you know where to go to get the necessary forms and information. Most states do not require a particular kind of ceremony. They leave that to the church in question. Those states that have requirements regarding the ceremony simply state that the bride and groom must say to each other, in the presence of the minister and the witnesses, that they take each other as husband and wife. The rest of the ceremony may be a traditional one or may be made up by the couple and/or the minister. Before you perform a marriage ceremony, you must be sure that the couple has a valid marriage license. Look at the license and any other papers that come with it to see what is required of you. Usually all you have to do is complete the blank spaces on the marriage license itself. There should be a space for the couple, the minister, and the witnesses to sign. Also, you may be required to provide the couple with a marriage certificate. When marriage certificates are required, they are usually provided with he marriage license. You will probably be required to return the license and other papers to the county clerk or other official within a certain number of days.
California has a special law which allows an unmarried man and woman who have been "living together as man and wife" to marry without a license or a blood test. If you want to perform this type of marriage, you should tell the couple to go to the county clerk's office and obtain form VS-123 which is called "Authorization and Certificate of Confidential Marriage." There is a charge for the form of between $25 and $30. Only persons who are at least 18 years old may be married in this manner. The names of the couple married this way are not published in the "Vital Statistics" section of the newspaper and copies of form VS-123 are only available to the couple being married. Other people must have a court order to see the form or to obtain a copy. (Of course, the couple may provide copies of the form to anyone they wish.) The idea behind this is to provide a way for people who have been living together to be married without the embarrassment of admitting in public that they were not really married in the first place. This law was made in the 1800's! We do not know of similar laws in other states.
In most states you are allowed to advertise that you will perform marriages and you may usually charge any fee you feel is appropriate. However, some states such as Kentucky forbid ministers to solicit marriages.Many people are interested in marrying themselves. If you want to do this, you will have to check with the county clerk or other official who handles marriages to see if this is permitted. If it is not, we suggest that you have a friend ordained and have him or her attend the wedding and sign your papers. Your friend need only stand by while you say your own vows or have any ceremony you feel is right. The laws of all states allow ministers to perform marriages. Nevertheless, we have compiled the following summary of state marriage laws to let you know what you must do to perform marriages in your state. Under each state we quote or paraphrase what the law has to say about ministers who may perform marriages.
You will find that many states say that "ordained or licensed ministers" may perform marriages. Here "licensed" means licensed by the church. In addition to being ordained and licensed by the church. some states require the minister to be registered with the state or city before performing marriages. If such a state or city requirement exists in your state, we will say so in the following summary. If there is no mention of registration, probably none is required by your state. In the summary of state laws. we also let you know what record keeping must be done after you perform a marriage and we will tell you what official to see if you have other questions about performing marriages.We have spent many hours in the law library developing this information and we have made every effort to be sure that what we have said is accurate. However, we cannot be certain that we have not overlooked something. Also, laws change from time to time and there could be changes of which we are not aware. Therefore, you should verify this information with your county clerk. You might even want to go to a local law library or even a regular public library and look up the law for yourself.
From time to time a few places have made it difficult or impossible for "mail-order" ministers to perform marriages. Our own feeling is that this is an unconstitutional practice, but it would be expensive to institute a law suit to correct the matter. Since a United States Circuit Court Judge has ruled in favor of "mail-order" ministers, it should be clear to all that you are legally entitled to perform marriages. If you should have any difficulty, we would be interested in hearing about it.
ALABAMA:
Any licensed minister
of the gospel in regular communion with the Christian church or society of which
he is a member may perform marriages. Also, marriages may be performed by the
pastor of any religious society according to the rules of the religious society.
Ministers must provide a certificate of the marriage to the judge of probate
within one month after the marriage.For questions see the clerk for the judge
of probate.
ALASKA
The minister, priest or rabbi of any
church or congregation in the state may perform marriages. Ministers must provide
marriage certificates to the couple married and report the marriage to the Marriage
Commissioner. For questions see the Marriage Commissioner.
ARIZONA
Any licensed or ordained clergyman
may perform marriages.Ministers must record the marriage on the marriage license
and return it to the clerk of the Superior Court within 20 days after the marriage.
For questions see the clerk of the Superior Court.
ARKANSAS
Any regularly ordained minister or
priest of any religious sect or denomination may perform marriages. Ministers
must have their ordination credentials filed by the county clerk who will then
issue a certificate to the minister. The marriage license must be completed
by the minister and returned to the county clerk within 60 days from the date
the license was issued. For questions see the county clerk.
CALIFORNIA
Any priest, minister, or rabbi of
any religious denomination, of the age of 18 years or over may perform marriages.
Ministers must complete the marriage license and return it to the county clerk
within 4 days after the marriage. For questions see the county clerk.
COLORADO
Marriages may be performed by any
minister. Ministers must send a marriage certificate to the county clerk. For
questions see the county clerk.
CONNECTICUT
All ordained or licensed clergymen
belonging to this state or any other state may perform marriages as long as
they continue in the work of the ministry. Marriage license must be completed
by the minister and returned to the city or town clerk.For questions see the
city or town clerk.
DELAWARE
Any ordained minister of the gospel
and every minister in charge of a recognized church may perform marriages. Ministers
do not need to be licensed to perform marriages but they must report their name
and address to the local registrar in the district in which they live. Ministers
must keep the marriage license or a copy for at least one year. Also the minister
must, within 4 days, complete and return forms required by the State Board of
Health to the clerk of the peace.For questions see the clerk of the peace.
FLORIDA
All regularly ordained ministers of
the gospel in communion with some church may perform marriages. Ministers must
complete a certificate of marriage, on the marriage license and return it to
the office from which it was issued. For questions see the county clerk.
GEORGIA
Any minister who is authorized by his
or her church may perform marriages.Ministers must complete a certificate of
marriage and return it to the ordinary within 30 days after the marriage. For
questions see the ordinary's clerk at the county courthouse.
HAWAII
Any minister may perform marriages if
they are authorized by their church to do so. Ministers must obtain a license
from the department of health before performing marriages. Ministers must keep
a record of all marriages they perform. Ministers must report all marriages
they perform to the department of health. For questions see the department of
health.
IDAHO
Marriages may be performed by priests
or ministers of the gospel of any denomination. Ministers must give a marriage
certificate to the bride and to the groom. Also, the minister must complete
the license and marriage certificate and return it to the recorder who issued
it within 30 days after the marriage. For questions see the county recorder.
ILLINOIS
Marriages may be performed by ministers
of the gospel in regular standing in the church or society to which they belong.
The marriage license and certificate must be completed by the minister and returned
to the county clerk within 30 days after the marriage. For questions see the
county clerk.
INDIANA
Ministers of the gospel and priests
of every church throughout the state may perform marriages. Ministers must return
the marriage license and a certificate of marriage to the clerk of the circuit
court within 3 months after the marriage. For questions see the clerk of the
circuit court.
IOWA
Ministers of the gospel who are ordained
by their church may perform marriages. Minister must give a certificate of marriage
to the bride and to the groom. Also, the minister must report the marriage to
the clerk of the district court within 15 days after the marriage. For questions
see the clerk of the district court.
KANSAS
Any ordained clergyman of any religious
denomination or society may perform marriages. Ministers are required to file
credentials of ordination with the judge of a probate court before performing
marriages. Minister must return the marriage license and a certificate of marriage
to the probate judge who issued the marriage license within 10 days after the
marriage. For questions see the clerk of the probate court.
KENTUCKY
Marriages may be performed by any minister
of the gospel or priests of any denomination with any religious society. Ministers
must be licensed before performing marriages. See the local county clerk for
a license. Ministers must return the marriage license and marriage certificate
to the county clerk within 3 months after the marriage. It is illegal to solicit
marriages. For questions see the county clerk.
LOUISIANA
Ministers of the gospel or priests
of any denomination in regular communion with any religious society may perform
marriages. Ministers must register with the clerk of the district court of the
parish or with the health department if in New Orleans. After performing a marriage,
the minister must complete a marriage certificate and return it to the clerk
of the district court. For questions see the clerk of the district court.
MAINE
Ordained ministers of the gospel may perform
marriages. Ministers must be licensed by the Secretary of State before performing
marriages. Application may be made to the town clerk or treasurer. There is
a $5 fee. After the marriage, the minister must file a copy of the record of
marriage with the town clerk. For questions see the town clerk.
MARYLAND
Any minister of the gospel authorized
by the rules and customs of their church may perform marriages. Minister must
complete the marriage license and marriage certificate and give one certificate
to the couple. Another certificate and the license must be returned to the clerk
of the Court of Common Pleas within five days after the marriage. For questions
see the clerk of the Court of Common Pleas.
MASSACHUSETTS
0rdained ministers of the gospel
may perform marriages. Before performing marriages, ministers are required to
apply for a certificate from the state. For applications write to: The Commonwealth
of Massachusetts, Office of the Secretary, Supervisor, Commissions Division,
State House, Boston, Massachusetts 02133. You must file a copy of your ordination
certificate and a statement from the church saying that you are in good standing.
Please let us know well in advance if you need a statement from us. Ministers
must keep records of all marriages they perform. Also, ministers must return
a certificate of the marriage to the town clerk or registrar who issued the
marriage license and to the town clerk of the town where the marriage was performed.
For questions see the town clerk or registrar or write to the Secretary of State.
MICHIGAN
A minister of the gospel who is ordained
or authorized by his or her church to perform marriages and who is a pastor
of a church in this state, or continues to preach the gospel in this state may
perform marriages. Ministers must complete a marriage certificate and give one
to the couple. Another marriage certificate must be returned to the county clerk
who issued the license within 10 days after the marriage. For questions see
the county clerk.
MINNESOTA
Any licensed or ordained minister
of the gospel in regular communion with a religious society may perform marriages.
Ministers must file a copy of their credentials of ordination with the clerk
of the district court of any county. Ministers must file a marriage certificate
to the bride and groom and also file a certificate with the clerk of the district
court in the county which issued the marriage license. For questions see the
clerk of the district court.
MISSISSIPPI
Any ordained minister of the gospel
who is in good standing with his or her church may perform marriages. Ministers
must send a certificate of marriage to the clerk who issued the marriage license
within three months after the marriage. For questions see the clerk of the circuit
court.
MISSOURI
Marriages may be performed by any clergyman
who is a citizen of the United States and who is in good standing with any church
or synagogue in this state. Ministers must keep a record of all marriages they
perform. They must give the couple a marriage certificate and must complete
the marriage license and return it to the recorder of deeds within 90 days after
the marriage license was issued. For questions see the recorder of deeds.
MONTANA
Ministers of the gospel of any denomination
may perform marriages. Ministers must complete and return a marriage certificate
to the clerk of the district court within 30 days after the marriage. Also the
minister must provide marriage certificates to the bride and groom upon request.
For questions see the clerk of the district court.
NEBRASKA
Any ordained clergyman whatsoever,
without regard to the sect to which they belong may perform marriages. Ministers
must report marriages they perform to the county judge who issued the marriage
license within 15 days after the marriage. Also the minister must provide marriage
certificates to the bride and groom upon request. For questions see the county
clerk.
NEVADA
Any ordained minister in good standing
with his denomination, whose denomination is incorporated or organized or established
in the State of Nevada may perform marriages. Ministers are required to complete
a complicated procedure to obtain a "certificate of permission" to
perform marriages. Among other requirements, the applicant's ministry must be
primarily one of service to his congregation or denomination and his performance
of marriages must be incidental to such service. See the county clerk for applications,
and for any questions you may have.
NEW HAMPSHIRE
Marriages may be performed by
any ordained minister of the gospel who resides in the state and is in good
standing with his church. Ministers not residing in the state may obtain permission
to perform a marriage upon application to the Secretary-of State. Ministers
must send a copy of the marriage certificate to the town clerk. For questions
see the town clerk.
NEW JERSEY
Every minister of every religion
may perform marriages. Ministers must complete a certificate of marriage and
return it to the county clerk. For questions see the county clerk.
NEW MEXICO
Any ordained clergyman whatsoever,
without regard to the sect to which he or she may belong may perform marriages.
Ministers must provide the county clerk with a marriage certificate within 90
days after the marriage. For questions see the county clerk.
NEW YORK
Marriages may be performed by a clergyman
or minister of any religion. However, a 1972 court case said that in order for
a marriage to be valid, the minister must have an actual church or at least
a stated meeting place for worship or any form of religious observance. Ministers
do not have to be licensed except that before performing marriages in New York
City, the minister must register his or her name and address in the office of
the city clerk of the city of New York. Ministers must complete a marriage certificate
and return It to the town or city clerk who issued the marriage license within
5 days after the marriage.For questions see the town or city clerk.
NORTH CAROLINA
Any ordained minister of any
faith who is authorized to perform marriages by his church may do so.Ministers
must complete the marriage license and return it to the register of deeds who
issued it. For questions see the register of deeds.
NORTH DAKOTA
Ordained ministers of the gospel
and priests of every church may perform marriages. Ministers must file a certificate
of marriage with the county judge who issued the license within 5 days after
the marriage. Certificates must also be given to the persons married. For questions
see the county clerk.
OHIO
Any ordained or licensed minister of any
religious society or congregation within this state may perform marriages. Before
performing a marriage, ministers must present their ordination credentials to
the probate judge of any county. The judge will provide the minister with a
license to perform marriages. The minister must then present his license to
the probate judge in any county in which he performs a marriage. Ministers must
send a certificate of marriage to the probate judge of the county which issued
the marriage license within 30 days after the marriage. For questions see the
clerk of the probate court.
OKLAHOMA
Ordained ministers of the gospel of
any denomination who are at least 18 years of age may perform marriages. Ministers
must file a copy of their credentials with the county clerk before performing
marriages. Ministers must complete a certificate of marriage and return it to
the clerk or judge who issued the marriage license. For questions see the clerk
of the county court.
OREGON
Ministers of any church organized, carrying
on its work, and having congregations in this state may perform marriages in
this state if authorized by their church to do so. Before performing marriages,
ministers must file their credentials with the county clerk of the county in
which they reside or in which the marriage is to be performed. Ministers must
give the bride and groom a marriage certificate upon request. Also, the minister
must send a marriage certificate to the county clerk who issued the marriage
license within one month after the marriage. For questions see the county clerk.
PENNSYLVANIA
Ministers of any regularly established
church or congregation may perform marriages. Also, persons may marry themselves
if they obtain a certificate from the clerk of the orphans' court. Ministers
must provide a certificate of marriage to the bride and groom. Also, they must
send a marriage certificate to the clerk of the orphans' court who issued the
marriage license within 10 days after the marriage. For questions see the clerk
of the orphans' court.
RHODE ISLAND
Everyone who has been, or is, the
minister of any society professing to meet for religious purposes, or incorporated
for the promotion of such purposes, and holding stated and regular services,
and who has been ordained according the customs and usages of such society may
perform marriages. Ministers must obtain a license from the city or town clerk
before performing marriages. Ministers must endorse and return the marriage
license to the town or city clerk in which the marriage was performed. For questions
see the town or city clerk.
SOUTH CAROLINA
Ministers of the gospel who are
authorized to administer oaths in this state may perform marriages. Ministers
must complete the marriage license and give one copy to the parties and the
other two must be returned to the county judge of probate who issued it within
5 days after the marriage. For questions see the county judge of probate or
his clerk.
SOUTH DAKOTA
Marriages may be performed by a
minister of the gospel, or priest of any denomination. Ministers must provide
the bride and groom with marriage certificates upon request. Ministers must
also keep a record book of all marriages they perform. Finally, the minister
must send a marriage certificate to the clerk who issued the marriage license
within 30 days after the marriage. For questions see the clerk of courts.
TENNESSEE
All regular ministers of the gospel
of every denomination, and Jewish rabbis, more than 18 years of age, having
the care of souls may perform marriages. Ministers must endorse the marriage
license and return it to the clerk of the county court within three days after
the marriage. For questions see the county clerk.
TEXAS
Ordained Christian ministers and priests;
Jewish rabbis and persons who are officers of religious organizations and who
are duly authorized by the organization to conduct marriage ceremonies may perform
marriages. Ministers must complete the marriage license and return it to the
county clerk who issued it within 30 days after the marriage. For questions
see the county clerk.
UTAH
Ministers of the gospel or priests of any
denomination who are in regular communion with any religious society may perform
marriages. Ministers must provide a certificate of marriage to the county clerk
who issued the marriage license within 30 days after the marriage. For questions
see the county clerk.
VERMONT
Ordained ministers residing in this
state may perform marriages. Non-resident ordained ministers may perform marriages
with the permission of probate court of the district within which the marriage
is to take place. Ministers must complete the marriage license and certificate
of marriage and return it to the clerk's office from which it was issued within
ten days from the date of the marriage. For questions see the town clerk.
VIRGINIA
Ministers of any religious denomination
may perform marriages. Before performing marriages, ministers must provide proof
of their ordination and proof that they are in regular communion with their
church to the circuit court of any county or city or to the corporation court
of any city in this state. The judge will then authorize the minister to perform
marriages provided the minister obtains a bond in the amount of 500 dollars.
Ministers may receive a fee of no more than 10 dollars for performing a marriage.
Ministers must complete the marriage certificate and return it to the clerk
who issued the marriage license within five days after the marriage. For questions
see the clerk of the county circuit court or the clerk of the corporation court.
VIRGIN ISLANDS
Clergymen or ministers of any
religion, whether they reside in the Virgin Islands or elsewhere in the United
States may perform marriages. Ministers must complete the marriage license and
return it to the clerk of the municipal court which issued the license within
10 days after the marriage is performed. For questions see the clerk of the
municipal court.
WASHINGTON
Regularly licensed or ordained ministers
or any priest of any church or religious denomination anywhere within the state
may perform marriages. Ministers must send two certificates of marriage to the
county auditor within 30 days after the marriage. For questions see the county
auditor.
WASHINGTON D.C.
Ordained ministers of the gospel
may perform marriages. Marriage licenses are addressed to the minister who will
perform the ceremony. The minister must complete a marriage certificate for
the bride and for the groom and return another certificate to the clerk of the
District of Columbia Court of General Sessions within 10 days after the marriage.
For questions see the clerk of the Court of General Sessions.
WEST VIRGINIA
Any minister, priest or rabbi,
over the age of eighteen years, may perform marriages. Before performing marriages,
ministers must provide proof of their ordination to the clerk of any county
court. The clerk will then provide the minister with an order authorizing them
to perform marriages. Ministers must return the completed marriage license to
the county clerk who issued it on or before the fifth day of the month following
the marriage. For questions see the clerk of the county court.
WISCONSIN
Any ordained clergyman of any religious
denomination or society may perform marriages. Before performing marriages,
ministers must file their credentials of ordination with the clerk of the circuit
court in the County in which their church is located. The clerk will give the
minister a certificate. Ministers must complete the marriage certificates and
give one to the bride and one to the groom. The original must be returned to
the register of deeds of the county in which the marriage was performed or if
performed in a city, to the city health officer. This must be done within 3
days after the marriage. For questions see the clerk of the circuit court.
WYOMING
Every licensed or ordained minister
of the gospel may perform marriages. Ministers must give a marriage certificate
to the bride and groom upon request and must return a certificate to the county
clerk. For questions see the county clerk.
