What are Marriage Records?
Marriage records are government papers created through the marital process. They encompass all the documents needed to obtain government permission, prove a marriage’s authenticity, and validate ceremonies performed in other countries.
Thanks to the Freedom of Information Act (FOIA), marriage certificates are publicly available unless there’s a court order blocking access. Anyone with the right information can request them through the state’s vital records division or a county clerk’s office.
Marriage Certificates
Marriage certificates are the government’s method of proving whether a union is legitimate. They’re typically a single document and include the following information:
- Spouses’ first and last names
- Date of the ceremony
- The county and state licensing the wedding
- Witness’ signatures
Many states also list the officiant’s name, but it’s not always present. This document is crucial to completing legal and financial processes like name changes, reporting social security, and adjusting insurance policies.
Marriage Licenses
Marriage records are sometimes confused with marriage licenses. While a marriage record confirms the status of a relationship, the marriage license is a permit allowing couples to be married.
This application ensures that the couple meets state standards for marriage. Typically, the courts check each applicant for the following:
- Currently unmarried
- Being of marriageable age
- Adequately distant blood relations
The marriage license application will ask for information like social security numbers to confirm the couple meets these requirements. Once approved, the county court returns an official marriage license to be signed by the couple, witnesses, and officiant.
The signed license must be returned to the county court relatively quickly, but the allowed period varies by jurisdiction. The court stores it as an official record that is available upon request.
Where Are Marriage Records Stored?
There is no federal regulation on storing marriage records. Most states store them with the county clerk’s office that licenses the wedding, but they are sometimes moved to other places depending on the age of the marriage and the overseeing state.
Aside from the county clerk’s office, some states store marriage records in the vital records department. However, this is typically in addition to storing them with the county clerk’s office, and you often aren’t able to request certified copies.
How Can Someone Access Marriage Records?
Marriage records are relatively easy to access with a bit of background information. Your best bet is to contact the county clerk’s office that licensed the wedding. The county office can tell you where to look even if the state doesn’t store records at that level.
Once you’re directed to the appropriate agency, you’ll need to provide the following:
- The county where the marriage occurred
- Date of the ceremony
- Full names of the spouses before marriage
It is possible to locate the records with partial information, but agencies manage tens of thousands of marriage records. The more information you provide, the less time it will take to return an answer.
Additionally, some offices charge based on the number of hours it takes to find the information. Giving the clerks more details to work on may reduce your costs.
Many counties offer both online and offline ordering options for vital records. The offline methods include mailing, calling, and visiting the offices in person. For all of these methods, you will need to download the request form from the agency’s website.
Additionally, check for identification requirements. Certified marriage certificates are required for legal processes and are typically only available to the spouses, family members, and legal representation.
Commonly accepted forms of ID include:
- State Driver’s License
- Unexpired US Passport
- Military ID
Going in person is preferred since your request will be a priority, and you can almost guarantee a one-day turnaround.
Online ordering is highly convenient, but requests are handled in order of arrival. This leads to significant delays in your marriage records, so it’s best to go in person if you’re in a time crunch.
Online orders are highly convenient, but orders are handled in order of arrival, leading to significant delays in your marriage records. The standard order process can already take several weeks, so it’s best to go in person if you’re on a time crunch.
General US Marriage Laws
The US follows many marriage laws that have evolved with Western civilization. It strays from early marriages, bloodline weddings, and polygamy.
Age Requirements
The general marriage age refers to the age at which someone can marry anyone they choose. It applies to both official and common-law marriages.
In most states, the general marriage age is 18, except in Nebraska (19) and Mississippi (21). This requirement can sometimes be bypassed through parental consent, but typically only by 2 to 3 years.
Same-Sex Marriages
On June 26, 2015, the US Supreme Court overruled state bans on same-sex marriage. This landmark decision meant that individual states could not deny equal rights to same-sex couples, including couples married in other states.
According to a Pew Research study, 61 percent of Americans believe that the legalization of same-sex marriages is good for society. However, after the overturning of Roe v. Wade in 2022, some are concerned that Obergefell v. Hodges could face the same fate.
US Marriage Types
There are countless marriage types worldwide, spread across religions and cultures. However, US marriages tend to focus on government recognition.
The two types of US marriages are civil and common law marriages.
Civil Marriages
Any wedding officiated by an officer of the court is civil. It refers to a ceremony that went through standard governmental procedures like filing for a marriage license and having the union approved through the court. The vast majority of marriages fall under this category.
Common Law Marriages
Common law marriages are rooted in old traditions dating back to pre-colonial times. It recognizes couples who emulate the traits of a “traditional” marriage but don’t go through governmental channels to make it official.
These couples enjoy the same tax privileges and social benefits associated with marriage. However, they aren’t recognized in every state, and the requirements vary between states. The standard qualifications for common-law marriages include:
- Cohabitation: Couples must live together to qualify. The longer they live together, the better their case is.
- Legal Capacity to Marry: Previously restricted same-sex marriage, but now applies to couples that do not meet the requirements for a legal marriage license, such as minimum age and single relationship status.
- Behavior: Couples must behave as a married couple would. This vague requirement implies that the relationship is physical and not platonic.
US Marriage Statistics
Most states report statistics to the Centers for Disease Control (CDC), which provides vital information for government programs. These numbers also provide considerable insight into the population’s happiness.
According to the latest CDC numbers, there are 6.2 marriages per 1000 total population. The highest marriage rates are in western and northwestern states, such as Montana, Idaho, and Nevada. The lowest rates are found in the upper Midwest.
The average American man is married between 30 and 32. The youngest marrying state for men is Utah at 27, and the oldest is Hawaii at 36.
Women tend to marry younger than their partners, but things are starting to even out. In 2010, the median marrying age was 26.7, rising to 28.6 in 2022.
Most first marriages in the US last around eight years, and subsequent marriages are significantly shorter. Western states have the shortest marriages, with an upward trend the further northeast you go.
1.2 percent of US marriages are same-sex partnerships. Of these marriages, 52.6 percent are between two women and 47.4 percent between two men.