If you've just set a date for your wedding, this can be an exciting time for the two of you! Don't let the marriage license laws of Alabama put a dent in your wedding plans.
Here's what you need to know and what documents to bring with you before you apply for an Alabama marriage license. We recommend getting this legal aspect of your wedding out of the way about a month before your wedding date.
Requirements may vary as each county in Alabama could have its own requirements.
ID Requirement in Alabama:
You will need valid Driver's License or Birth Certificate if you are over 18. All applicants must also provide a Social Security number.
You do not have to be a resident of Alabama. However, some counties, like Mobile, may require nonresidents to wait three days before being able to have a wedding ceremony performed by a county marriage official.
If you were divorced within the last 6 months of your wedding date, you will need to show a copy of your Divorce Decree. According to Section 30-2-10 of the Alabama Code, there is a sixty (60)-day restriction on getting married after a divorce.
Waiting Period in Alabama:
There is no waiting period in Alabama except after being divorced. Then there is a 60-day waiting period after your divorce is final.
Nonresidents who want to be married by a county marriage official may have to wait three days. Contact the county offices to verify whether or not you will have a waiting period.
Fees in Alabama:
Cash or credit card requirement varies depending on County. Some locales charge $2 for using a credit card. License fees also vary: $43.35+ for marriage license only, $63+ for license, ceremony and a certified copy.
Other Required Tests in Alabama:
No blood or medical tests required.
Common Law Marriages:
"A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation." Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).
Source: Alabama Attorney General FAQ
Same Sex Marriages in Alabama:
Yes, as of January 2015. Saying it "violated the due process and equal protection clauses of the 14th Amendment," a U.S. District Judge struck down two laws in Alabama that banned same-sex marriage. The two-week stay on the ruling placed on January 25, 2015, was rejected by the U.S. Supreme Court in a 7-2 order on February 9, 2015.
If either of you are under 18, you will need a certified copy of your birth certificate. Both parents must be present with identification, or, if you have a legal guardian, they must be present with a court order and identification.
The state also requires a $200 bond to be executed, payable to the State of Alabama. If one or both parents are deceased, proper evidence of such must be provided. According to the Alabama Code Section 30-1-4, individuals under the age of 16 may not marry.
Officiants in Alabama:
Licensed ministers or pastors of recognized religious societies and current or retired Alabama judges.
An Alabama marriage license is valid for thirty (30) days. What this means is you have 30 days to get married and have your marriage license officially recorded. If you wait past that time frame, you can't get married without applying and paying for another marriage license.
Alabama Department of Public Health
Bureau of Vital Statistics
434 Monroe St.
Montgomery, Alabama 36130-3017
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.