Massachusetts Officiants

Marriage Laws United States Massachusetts

Boston

Marriage license Laws in the state of Massachusetts, here is what you need to bring with you, and what you need to know about the Massachusetts marriage laws before filling out the Massachusetts marriage license form.

In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are.

You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.

When you apply for your license, you'll not only need a proof of identification and age, will need to provide any information about previous marriages, and will need to pay a nominal fee. You will also need to have a witness when you sign the application, so plan on bringing your maid of honor or best man with you. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.

And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.

ID Requirement: Picture ID such as a driver's license.
You should know your Social Security numbers.

Residency Requirement: Do not have to be a resident of Massachusetts.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

• 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, intentions may be filed by either party.

If Divorced: 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.

Waiting Period: 3 days. Sundays and holidays are included in the three days, but 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: Yes. 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 clergyperson or an attending physician shall suffice and the clerk can issue the certificate without delay.

Fees: $4 + - Cash Only. 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.

Medical Certificate: Yes. A medical certificate is necessary for each of you unless you obtain a request in writing from a member of the clergy or attending physician stating that the woman is near the termination of her pregnancy or the death of either party is imminent.

• You may obtain medical certificates from any physician licensed to practice in Massachusetts. Blank medical certificates for premarital tests may be obtained by medical practitioners and by out-of-state residents planning to marry in Massachusetts from:

Bureau of Communicable Disease Control
Department of Public Health
305 South Street
Boston, MA 02130
617. 983. 6940

• To download the form: http://www.state.ma.us/dph/cdc/std/divstd.htm

• The Massachusetts Medical Society has a physician referral hotline: 1-800-322-2303.

Medical certificates from other states are valid for both the man and the woman. However, it is the responsibility of the physician to offer the woman a voluntary test for susceptibility to rubella (German measles) and to discuss with each applicant AIDS educational material, facts which are now noted by the physician on the Massachusetts medical certificate form. If the out-of-state certificate does not contain these provisions, the out-of-state physician must note them in a separate letter or a Massachusetts physician must complete those sections of the Massachusetts medical certificate which is then filed with the out-of-state certificate. In the case of out-of-state medical certificates the city or town clerk has the authority to waive the requirements for the discussion of the AIDS educational material.

You may file intentions to marry without your medical certificates. However, the clerk cannot issue your marriage license until you have submitted the medical certificates. If you obtain the medical certificates prior to filing intentions, you must file intentions within 30 days or the medical certificates are no longer valid. Your marriage license, once obtained, is valid for 60 days from the date intentions are filed. Medical certificates which are obtained after the filing of intentions are valid for 60 days from the date intentions are filed, the length of time the marriage license itself is valid.

Under 18: 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.

Solemnization Authority: Yes, it is possible for a non-minister or non-justice of the peace (such as a relative or family friend) to obtain special permission to perform a marriage from the Governor. Call the Governor's office at 617. 727. 5787 to obtain an application for a one-time special appointment to solemnize a marriage. After approval, a $25 fee is paid to the Commissions Division of the Office of the Secretary of the Commonwealth.

Same Sex Marriages: Yes, as of May 17, 2004. However, with legal challenges to the Massachusetts state law, some local jurisdictions may have residency requirements and/or not issue marriage licenses to gay couples. Check with your local authorities to see how they are handling this issue.

Miscellaneous: 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.

Officiants: Ordained ministers of the gospel may perform marriages. Before performing marriages, ministers are required to apply for a certificate from the state. For applications visit the Commonwealth of Massachusetts website. You must file a copy of your ordination certificate and a statement from the church saying that you are in good standing. 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.

Valid: License is valid for 60 days.

Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.

It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.

Massachusetts County Clerk's Office

 

Adams Town Clerk Adams, MA 413.743.8320	Barnstable Town Hall Barnstable, MA 508.790.6200	Belmont Town Clerk Boston, MA 617.489.8201
Cambridge City Clerk Cambridge, MA 617.349.4260	Dedham Town Clerk Dedham, MA 781.326.1638	Edgartown Town Clerk Edgartown, MA 508.627.6110
Fall River City Clerk Fall River, MA 508.324.2220	Fitchburg City Clerk Fitchburg, MA 978.345.9592	Franklin Town Clerk Greenfield, MA 413.772.0239
Great Barrington Clerk Great Barrington, MA 413.528.3140	Lawrence City Clerk Lawrence, MA 978.794.5803	Lowell City Clerk Lowell, MA 978.970.4161
Nantucket Town Clerk Nantucket, MA 508.228.7216	New Bedford City Clerk New Bedford, MA 508.979.1450	Northampton City Clerk North Hampton, MA 413.587.1224
Pittsfield City Clerk Pittsfield, MA 413.499.9361	Plymouth Town Clerk Plymouth, MA 508.830.4050	Salem City Clerk Salem, MA 978.745.9595
Springfield City Clerk Springfield, MA 413.781.8100	Taunton City Clerk Taunton, MA 508.821.1024	Worcester City Clerk Worcester, MA 508.799.1126