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Obtaining a Marriage License
How to Obtain a Marriage License in Massachusetts
All people who marry in Massachusetts must have a marriage license issued in Massachusetts. An out-of-state license cannot be used. The following information outlines the procedures you must follow to obtain your license.
Apply for a License
You must both apply in person for a marriage license. This requirement is applicable to both residents and non-residents of the Commonwealth. According to Massachusetts law, you must jointly file intentions to marry, and you may do so with the city or town clerk in any community in the state. If a person is in the military, intentions may be filed by either party, providing one is a Massachusetts resident. If a person is incarcerated in a county house of correction or a state correctional facility, either party may file intentions. A marriage license, once obtained, is valid for 60 days from the date intentions are filed and may be used in any Massachusetts city or town. It is not valid outside the state.
Waiting Period
There is a mandatory three-day waiting period from the time the license is applied for until the license is issued. While Sundays and holidays are included in the three days, the day the application is made is not. For example, if you apply on Friday, your license will be issued on or after Monday. Check with your town clerk to determine whether you must pick it up in person, or if it can be mailed.
Obtaining a Waiver of the Waiting Period
If you can obtain a court waiver after filing intentions, you may be able to waive the waiting period. According to MGL Ch. 207:30, if both parties are residents, or non-residents, or one of each, and they need to dispense with the three days, they may do so by applying to the judge of a probate or district court to have the license issued without delay, after filing intentions with the clerk. Under extraordinary or emergency circumstances, such as if the death of either party is imminent or the female is nearing the end of her pregnancy, an authorized request by a minister or clergy person or an attending physician shall suffice and the clerk can issue the certificate without delay.
To obtain a waiver, you should file your intentions first with any city or town clerk. Then an application for a waiver must be filed by both of you at a probate or district court. After a hearing, the court may issue a certificate allowing the marriage license to be issued, and the marriage performed without delay.
Cost of License
Fees in most communities range between $4 and $15. The state statute stipulates a fee of $4 for the license but it allows cities and towns -- by a vote of their city councils, boards of selectmen or town meeting, or by a change in the by-laws -- to set their own fee.
Age Requirement
A Massachusetts resident may marry if he or she is 18 years of age or older. A birth certificate may be required to show proof of age. If either party is under 18, a court order from a probate or district court where the minor resides must be obtained before the marriage intentions can be filed.
Medical Certificates
Pre-martial blood tests are not required in the Commonwealth of Massachusetts.
Divorced or Widowed Applicants
You are not required to present a divorce certificate when filing intentions to marry. However, it is extremely important that an individual who has been divorced be certain that his/her divorce is absolute. If you are uncertain as to the absolute date of your divorce, you should contact the court where the divorce was granted. In Massachusetts, a divorce does not become absolute until 90 days after the divorce nisi has been granted, regardless of the grounds for divorce.
There are no special requirements for a widow or widower who is remarrying.
Witnesses to Ceremony
Massachusetts statute does not require that witnesses be present at your ceremony. Additionally, if a member of the clergy performs the ceremony, you should ensure that you are in conformity with the appropriate religious tenets.
Clergy Persons and Justices of the Peace
The member of the clergy or justice of the peace who performs your ceremony must complete and sign the original license and return it to the clerk of the city or town where the license was issued. If an out-of-state member of the clergy is to perform the marriage, the clergy person must obtain a Certificate of Authorization from the Massachusetts Secretary of the Commonwealth prior to the ceremony. This certificate, which is issued by the Public Records Division of the Secretary of the Commonwealth, is to be attached to the original license and returned to the clerk of the city or town where the license was issued. For further information, contact:
Division of Public Records
Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston MA 02108
617-727-2836
To locate clergy person or justice of the peace on Martha's Vineyard, visit our Wedding Services Directory or the Places of Worship area on this site.
Immigrants
If either of the parties has arrived as an immigrant from a foreign country within five days, the application may be filed at any time before the marriage, and the certificate shall be issued at any time after the filing.
State Resources
For additional assistance, contact your city or town clerk, or:
Registry of Vital Records and Statistics
Department of Public Health
150 Mt. Vernon Street
Boston MA 02125-3105
617-740-2600
vital.recordrequest@state.ma.gov
www.state.ma.us/dph/bhsre/rvr/rvr.htm
