Every state in the United States has a requirement for marriage licences to be obtained. A marriage is not valid if the marriage ceremony is performed without a marriage licence being previously obtained.
The requirements for obtaining a marriage licence vary between states. In general, however, both parties must appear in person at the time the licence is obtained; be of marriageable age (i.e. over 18 years; lower in some states with the consent of a parent); present proper identification (typically a driver's licence, state ID card, birth certificate or passport; more documentation may be required for those born outside of the United States); and neither must be married to anyone else (proof of spouse's death or divorce may be required, by someone who had been previously married in some states).
Many states require 1 to 6 days to pass, between the granting of the licence and the marriage ceremony. After the marriage ceremony, both spouses and the officiant sign the marriage licence (some states also require a witness). The officiant or couple then files for a certified copy of the marriage licence and a marriage certificate with the appropriate authority.
The requirement for marriage licences in the U.S. has been justified on the basis that the state has an overriding right, on behalf of all citizens and in the interests of the larger social welfare, to protect them from disease or improper/illegal marriages; to keep accurate state records; or even to ensure that marriage partners have had adequate time to think carefully before marrying.[citation needed]
Some states require a blood test to verify that the applicants are not carrying syphilis, a sexually-transmitted disease. As of 2008, the District of Columbia, Mississippi, and Montana require blood tests; Connecticut, Wisconsin, Georgia, Indiana, Oklahoma and Massachusetts have withdrawn the blood testing requirements, in the last few years.[citation needed]
In the early part of the twentieth century, the requirement for a marriage licence was used as a mechanism to prohibit whites from marrying blacks, mulattos, Japanese, Chinese, Native Americans, Mongolians, Malays or Filipinos.[1] By the 1920s, 38 states used the mechanism. These laws have since been declared invalid by the Courts.
In the United States, until the mid-nineteenth century, common-law marriages were recognised as valid, but thereafter the states began to invalidate common-law marriages. At present eleven states and the District of Columbia recognise common-law marriages. (See Common-law marriage in the United States.) Common-law marriages, if recognised, are valid, notwithstanding the absence of a marriage licence.