Cecily Zamora
Marriage laws in the United States are primarily regulated by state governments, with each state having its own set of laws and requirements for marriage. While the federal government has occasionally intervened, such as in the case of the Respect for Marriage Act, which provided federal recognition for same-sex and interracial marriages, the 10th Amendment to the U.S. Constitution reserves the power to regulate marriage to the states. State laws on marriage cover various aspects, including the requirements for obtaining a marriage license, the recognition of different types of marriages, and the process of terminating a marriage. Each state may have different laws regarding unlawful marriages, age requirements, waiting periods, and the recognition of common-law or community property. Understanding the specific marriage laws of a particular state is crucial for individuals planning to marry, as it ensures they meet the necessary legal requirements and are aware of their rights and obligations.
| Characteristics | Values |
|---|---|
| Regulation of marriage | Generally a matter of state law, not federal |
| State marriage laws | Must not conflict with federal law or the Bill of Rights |
| State power | States can decide who can marry, so long as they do not discriminate against people the Constitution makes equal |
| State benefits | States can decide what benefits are associated with marriage |
| Unlawful marriages | All states ban bigamy, polygamy, forced or fraudulent marriages, and incest |
| Marital property | Most states are common-law property states, but some are community property states |
| Marriage license | Required, usually from the county clerk's office, with a waiting period in some states |
| Identification | A valid government-issued photo ID is required |
| State residency | Not required |
| Age requirement | Minimum age is 18, with parental consent required for minors |
| License expiration | Varies by state, from 30 days to 1 year |
| Blood test requirement | No |
| Proxy marriages | No |
| Witnesses | Varies by state, with some requiring two witnesses |
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What You'll Learn
- Marriage laws are chiefly regulated by state governments, not federal
- State marriage laws must not discriminate against people protected by the Constitution
- Each state has different requirements for obtaining a marriage license
- All states have laws about unlawful marriages, e.g. bigamy, polygamy, and incest
- Marital property laws vary by state, with some states recognizing community property
Marriage laws are chiefly regulated by state governments, not federal
Marriage laws in the United States are primarily regulated by state governments, as outlined by the 10th Amendment to the U.S. Constitution, which states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This means that unless explicitly delegated to the federal government or prohibited to the states, the power to regulate marriage rests with the individual states.
Each state has its own unique set of marriage laws, and these laws can vary significantly from state to state. For example, some states require witnesses at the marriage ceremony, while others, like Alabama, do not. Similarly, some states mandate a waiting period between receiving a marriage license and the wedding ceremony, while others, like Arkansas, have no such requirement for couples over the age of 18.
While states have the primary authority to define marriage and its benefits, this power is not unlimited. The federal government can intervene in certain circumstances, such as in matters pertaining to the regulation of interstate commerce or when conflicts arise with the Bill of Rights or subsequent constitutional amendments. For instance, the Respect for Marriage Act, signed by President Joe Biden in 2022, provided federal recognition and protection for same-sex and interracial marriages, overriding state laws that prohibited these unions.
Additionally, there are certain unlawful marriages that are banned across all states, such as bigamy and polygamy. All states also have incest prohibitions, typically between siblings and between parents and their children. Furthermore, no state will recognize a marriage entered into by force or fraud, and such marriages can be annulled on these grounds.
In conclusion, while marriage laws are predominantly regulated by state governments, the federal government can exert influence in specific instances to ensure compliance with federal laws and protect the rights guaranteed by the Constitution.
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State marriage laws must not discriminate against people protected by the Constitution
The regulation of marriage is generally a matter of state law in the United States, as per the 10th Amendment to the U.S. Constitution. This amendment assigns to state governments all powers not explicitly given to the federal government. The Supreme Court has held that states are permitted to reasonably regulate marriage by prescribing who is allowed to marry and how a marriage can be dissolved.
However, the states' power to regulate marriage is not unlimited. The federal government has intervened in state marriage laws in the past, such as in the case of United States v. Windsor, where the Supreme Court ruled that state governments remain the primary authority to define marriage and its benefits. This case also provided an illustration of how the Constitution operates along the boundary between national and state power. In addition, the Supreme Court has interpreted how state power over marriages can be used constitutionally when it conflicts with a civil right guaranteed by the Constitution's Fourteenth Amendment, as seen in Obergefell v. Hodges, where the Court held that bans on same-sex marriage in certain states must yield to the Fourteenth Amendment's guarantee of equality.
Furthermore, the Respect for Marriage Act, signed in 2022, provides federal recognition and protection for same-sex and interracial marriages, demonstrating another instance of federal intervention in state marriage laws. The Act prohibits the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin.
While states have the primary authority to regulate marriage, they must not discriminate against people protected by the Constitution. This includes same-sex couples, as affirmed by the Supreme Court's rulings in Obergefell v. Hodges and United States v. Windsor, which struck down bans on same-sex marriage in certain states. Additionally, the Supreme Court's ruling in Loving v. Virginia in 1967 ended the idea that people of different races could not marry, further illustrating that state marriage laws must not discriminate against those protected by the Constitution.
In conclusion, while the regulation of marriage is primarily a state matter, state marriage laws must not conflict with the Constitution or federal laws. States have the power to prescribe who can marry and how marriages can be dissolved, but they must not discriminate against individuals or groups protected by constitutional rights, such as same-sex couples or interracial couples.
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Each state has different requirements for obtaining a marriage license
Marriage in the United States is a matter of state law. Each state has its own requirements for marriage, and these requirements vary by state and even county. While the federal government has weighed in with laws against polygamy, the regulation of marriage is generally left to the states.
Some states require both partners to apply for a marriage license in person and together, while others allow online applications. Some states require a waiting period of up to a week between the issuance of the license and the date of the marriage, while others, like Alabama, have no waiting period. Some states, such as California, have more restrictive laws, and couples may need premarital counselling before marriage. Other states, like Nevada, have more relaxed requirements. Some states require a marriage license for the specific county where the ceremony will take place, and some even require one member of the party to be a legal resident of that state.
In addition to the requirements for obtaining a marriage license, each state also has its own laws regarding the marriage ceremony. Some states allow anyone to perform the wedding ceremony, while others require a circuit court judge or a justice of the peace to officiate.
It is important to note that while marriage licenses are not transferable between states, a legal marriage in one state is recognized across the entire country.
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All states have laws about unlawful marriages, e.g. bigamy, polygamy, and incest
Marriage is chiefly regulated by the states in the US. The 10th Amendment to the US Constitution provides that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This means that the regulation of marriage is reserved for the states as it is neither delegated to nor prohibited by the US Constitution.
All states have laws about unlawful marriages, including bigamy, polygamy, and incest. Bigamy is illegal in all 50 states and the District of Columbia. It is committed when one spouse is already married and weds another person. The courts may allow cases where a person thought they were divorced, but the judgment was not recorded. Polygamy, or having more than one spouse at the same time, is also illegal in the US. This includes polyandry, where a woman has multiple husbands, and polygyny, where a man has multiple wives. While some religions, such as Mormonism and Islam, allow polygamy, the US does not recognize such marriages, even if all parties consent. However, some states, like Utah, may overlook polygamous relationships if all parties are consenting adults.
In addition to laws against bigamy and polygamy, all states have incest prohibitions, usually between siblings, parents, and their children, and first cousins. Marriages may also be deemed unlawful if they are forced or fraudulent. If one party claims they were coerced or tricked into marriage, it may be grounds for annulment. Sham or mock marriages, often referred to as "green card" marriages, are also prohibited. Courts will generally annul such marriages, but the parties involved may sign a waiver if the marriage was for the sake of an illegitimate child.
It is important to note that while states have the primary authority to define marriage and its benefits, they must not discriminate against people protected by the Constitution. For example, in the case of Loving v. Virginia, the US Supreme Court invalidated a Virginia statute that prohibited interracial marriages, citing a violation of the equal protection clause of the Fourteenth Amendment.
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Marital property laws vary by state, with some states recognizing community property
Marital property laws vary by state across the United States, with some states recognizing community property. Marital property refers to property acquired during a marriage, including real estate, vehicles, bank accounts, and pensions. In common-law property states, each spouse owns their personal property outright, and they may own property together jointly or as tenants in common. These states are known as separate property states.
In contrast, community property states recognize a marital community, creating a legal entity in which each spouse has a vested interest in the property. As of 2025, nine states are community property states: Arizona, California, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and one unnamed state. In these states, all assets acquired during the marriage are required to be split equally in the event of a divorce, unless a prenuptial agreement is in place.
Prenuptial agreements, or premarital agreements, are written before a marriage and outline how to divide property in the event of a divorce. They can be used in both common-law and community property states, as long as they do not violate state or federal law. While most states have strict requirements for prenuptials, some legal experts advise against them as they may imply that a couple is planning for their marriage to fail.
It is important to note that each state has different laws and requirements for marriage and divorce. These laws can include age restrictions, consent requirements, and waiting periods. Some states also have specific prohibited marriages, such as incest and bigamy, which is illegal in all 50 states.
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Frequently asked questions
In the US, anyone under the age of 18 is considered a minor and cannot lawfully sign a contract or get married without parental consent. In Nebraska, no one under the age of 17 can be married, and in Arkansas, there is a 5-day mandatory wait period for those under 18.
Bigamy, polygamy, forced or fraudulent marriages, incest, and sham marriages are all prohibited by law in the US.
Under the 10th Amendment to the US Constitution, the regulation of marriage is generally a matter of state law. However, in matters concerning the Bill of Rights, subsequent amendments, and conflicts with federal laws regulating interstate commerce, federal law takes precedence over state marriage laws.
Yes. In 2022, President Joe Biden signed the Respect for Marriage Act, which provides federal recognition and protection for same-sex and interracial marriages. This Act was a response to the backlash to Obergefell v. Hodges, where the Supreme Court ruled that bans on same-sex marriage in some states violated the equal protection clause of the Fourteenth Amendment.
