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Loading ...Want to get married? Here’s how.
Equal marriage has been on a roller coaster this year. Yes in Iowa, Vermont, Maine and – just this week – New Hampshire, which join granddaddy Massachusetts. A big NO in California.
Requirements for marriage licenses vary from state to state, and couples determining where to get married can find it baffling. Here’s a state-by-state equal marriage guide:The “Constitution State” followed Massachusetts on Nov. 12, 2008, in allowing same-sex marriage. On Oct. 1, 2010, all existing civil unions will be automatically transformed into marriages.
* Where: Connecticut allows couples from out-of-state to get married, though they must apply for a license in either the town in which one of the individuals lives or in the town in which the couple plans to marry. Couples can get the license from a local vital records office.
* How: Both partners must be present and must apply for the license in person.
* Out of state couples: Connecticut allows non-residents to get married.
* Waiting period: None.
* Cost: $35, cash only.
* ID: In addition to a photo ID (divers license, visa, passport, or military ID), those wishing to get a license will need to know their social security number, their mother’s maiden name, their parent’s birthplace, the date and location of the wedding, and the contact information of the wedding officiant.
* Other: The license expires after 65 days.
Iowa:
As of April 27, 2009, Iowa allows gay residents and non-residents of the state to get married.
* Where: Couples should contact the county clerk’s office in the city they live in or wish to get married in to find out where to apply for a license.
* How: Both partners wishing to get married must be present when applying for the license.
* Out of state couples: Couples from out of state are allowed to marry in Iowa, though couples should contact the county clerk’s office to make sure no additional information is needed for non-residents.
* Waiting period: Iowa requires a three-day waiting period.
* Cost: $30, cash only. This does vary from county to county.
* ID: Along with a photo ID and social security information, Iowa requires one witness over the age of 18 be present when applying for the license.
* Other: Licenses are valid for six months.
Though the state passed an equal marriage bill on May 6, 2009, the law will not go into effect until Sept. 14. A people’s veto could prevent the law from taking affect – conservative activists are working to overturn the law now.
* Where: Couples should contact the local county clerk office to find the location of the town office where they need to get their license.
* How: Both partners must be present at the town office in order to get a license
* Out-of-state couples: Out-of-state residents can apply in any city or town office in the state; it does not have to be in the same town as the wedding.
* Waiting period: None.
* Cost: $10 per person, cash only. Couples must also pay the cost of the certified documents, which varies.
* ID: A photo ID may be required, along with social security information.
* Other: The license is valid or 90 days, and no blood tets are required.
NEXT PAGE: Massachusetts, Vermont and New Hampshire
Babe this is the latest scoop on gay marriage… fyi for us…. we may have to go to Mass. it looking very shady for New York right now.
This is so helpful! It truely is difficult to keep up with the state by state rules as they oertain to marriage equality. So, where is the step-by-step procedure for getting married in Tex….Oh wait. Dam!
Mark,
Seattle is not mentioned because WA does not allow SSM. They have recently approved Domestic Partners to have all the same State benefits of marriage (though none of the Federal).
And of course there’s already a move afoot to threaten that.
Meanwhile if you and yours register DP you could have a ceremony at any one of the liberal congregations. UU churches perform a Celebration of Marriage to recognize you. Or consider going to one of the states that allow full legal marriage or civil unions. Then if you want a party back in your home state do the DP thing there.
Disclosure: no legal background, not a lawyer, don’t play one on TV, from a legal point of view even if you marry/get civilized out of state you should get registered DP in WA I think to protect your legal status.
Jennifer and I (she’s Mrs. Rae LOL) will do that the moment we finish getting me moved up there (WA). We’re already one of the 18,000 couples who were married in CA during the time in between when the Supreme court said it was our civil right to be able to do so and the time they said “oops, we were kidding”.
Thanks for the detailed reply Stephen. It is true that my partner cannot be sponsored on the basis of our -intended- marriage, but the marriage is for us personally, as Australia accepts same sex partners for immigration purposes under the interdependant visa…Same sex partners have to prove one year of living together (not neccessarily consecutively if there is a good reason to have been apart)and there are strict checks on the veracity of supporting documents. It is difficult to get this visa granted, but was created specifically for gay couples so we are ahead of you re this…The marriage will be taken into account, as proof of intent, but not as a legal entity, if I understand it correctly. So, again, thankyou.
“what do we do after we get the license?”
Well, you can usually find the requirements for marriage on the same county clerk site as the requirements for the license. Often you can deputize a friend, or have a justice of the peace or county clerk, or have a member of the clergy provide the final official signature needed to validate the license.
You just need a license and a signature. A ceremony is optional. If you are at a loss and don’t want just a judge or clerk to finalize your marriage or maybe you want a ceremony, consider contacting one of the liberal churches in your particular state. (Unitarians are a good place to start, and they will know of other liberal churches in your area as well: http://www.uua.org )
Correction. In a previous post I said
“I believe all states allow a couple that have already married to marry each other again without need of a divorce. Usually this is referred to as “reaffirming” the marriage.”
In the case of same-sex couples, reaffirmation of a same-sex marriage would only be allowed if the state allows same-sex couples to marry. (Although it might lead to an interesting legal challenge in some states, to see if a same-sex marriage from elsewhere would be recognized for purposes of reaffirmation of the marriage).
My husband and I got married in Boston last November. We live in Atlanta. The entire experience was FANTASTIC. You have never met nicer people. Every step of the process was met with very cool people who treated both of us very well. We are moving to Mass next fall.. Cannot wait to get the hell out of the South.
Kate
I am not aware of any restrictions in any state that recognizes marriage equality on marrying a citizen of another country.
If neither person is a citizen of the state (or country, in the case of Canada), where the marriage is to take place, there are specific rules that apply to where you obtain the license, where the marriage can be performed, and who can legally perform the marriage.
Thus, your Ohio intended and you, an Austalian, can marry in a state like Iowa, governed by the same regulations that apply to marriage of non-residents of that state.
Your marriage will not currently have federal recognition in the US, which means, among other things, that you will not be able to sponsor your wife for immigration purposes.
Similarly, since Australia does not allow OR recognize same-sex marriages, even if legally conducted in another state or country, your marriage in the US will not (currently) be recognized as such in Australia.
However, in some cases, your marriage will be recognized, but not as a marriage but some other kind of legal entity, such as a civil partnership, civil union or domestic partnership. It depends on the laws of the jurisdiction you are moving to or visiting. You must check the local laws.
Some jurisdictions prohibit residents of that jurisdiction from marrying elsewhere if the marriage would not be legal in the home state (this is the opposite of what the 1913 Massachusetts anti-evasion law did). I believe bona fide Wisconsin residents are legally prohibited from entering a same-sex marriage in another state or country. I’m not sure any other states have such a legal restriction.
Given the speed with which these laws are evolving, you need to check with a lawyer in your state and in the state or country in which you plan to marry, to find out specifics.
You may also need to check with a knowledgeable attorney or LGBT organization if you have been divorced. For example, my husband was divorced years ago and in order for us to marry in Ontario, Canada, his American divorce needed to be evaluated by a Canadian lawyer (or by provincial authorities), to ensure it was valid, before we could marry there.
Because of this, we went to British Columbia, where the restriction, if you have been divorced, is only that the divorce was not granted in the last 30 days (I think) before applying for the license, and they did NOT need to see my husband’s divorce certificate.
Again, because the laws and rules governing marriages (including opposite-gender marriages) vary from place to place. It is not enough to know that a state or country allows same-sex couples to marry.
Spain, for example, allows same-sex marriage, but I believe one of the parties MUST be a legal resident of Spain.
Hope this clears up a few questions.
Stephen J. Hyland
Woofer (and Walter)
I believe all states allow a couple that have already married to marry each other again without need of a divorce. Usually this is referred to as “reaffirming” the marriage.
It is redundant, since states that recognize equal marriage rights should recognize a same-sex marriage from another state (and some, such as New York and, to a lesser extent, New Jersey, don’t allow same-sex couples to marry but do recognize marriage from another state or country as valid).
It is also a bit expensive, since there is usually a fee associated with obtaining the license. However, those that will allow reaffirmation will usually waive any waiting period after acquiring the license, since you are marrying the same person you are already married to.
It is unquestionably a romantic idea, but completely unnecessary.
Stephen
Wow, there’s some good choices to get married at, but so far I don’t see any mention of Seattle.
Can someone tell me what the situaton is when one partner is not an American citizen? I am Australian and she is from Ohio…What documents will I need? (She is moving to Australia where gay marriage is not yet legal, and we want to be legally married…)
Chris said “Or you could come up to Canada” and you most certainly would be welcome to visit our great land from sea to shining sea! In addition to legal marriage for same-sex couples, since 2005, we offer a very warm welcome in our largest cities – Toronto, Montreal, Vancouver and Calgary. The summer months are pride months in many locations, even the smaller cities, which give you additional opportunities in which to celebrate your love for each other. Outside the cities and towns, Canada is a vast land encompassing some 9,000,000 km of area from towering mountains, to the wheat fields of the prairies, to the Great Lakes and onto the shear cliffs of Newfoundland and the Atlantic. But the very best thing of all is that you can get married here and your legal committment to each other is no less recognized or valued than any marriage performed in this country. Celebrate your love – Come to Canada!
I live in the North East I wish that CA. soon will get back on track and join the other states soon.