Here's what you need to know and what documents to bring with you before you apply for a Utah marriage license. I recommend getting this legal aspect of your wedding out of the way about a month before your wedding date.
Congratulations and much happiness as you begin your lifetime journey together!
Requirements may vary as each county in Utah could have their own requirements.
You do not have to be a resident of Utah.
You will need to show at least one form of identification like a driver's license, birth certificate, or passport. You will also need to provide your Social Security numbers.
You need to know the names, birthplaces, and maiden names of your parents.
If previously married, the date of divorce or date of spouse's death must be supplied.
Utah does not have a waiting period.
It will cost you approximately $45 - $50 - cash only in some counties - to get married in Utah. Check with the county clerk to verify the current cost of the marriage license.
No other tests are required in Utah.
No. However, a few counties in Utah will allow only one of you to appear to apply for a license. The other partner can take the application form to be filled out and signed by the applicant before a notary.
- Iron County will make exceptions if prior arrangements are made with the County Clerk.
Common Law Marriage
Yes. "A common law marriage is a situation where a man and woman have never had a formal wedding ceremony but may be declared husband and wife ... In order for a common law marriage to be filed, the following qualifications must be met: Both parties must be competent and able to give consent; Both must be able to be married; Both must be living together as man and wife; Both have assumed marital responsibilities and duties; Both must have "held themselves out" as husband and wife such that others perceived them to be married."
Yes, with limitations. First cousins who are 65 years of age or older can marry without consent. First cousins who are 55 years of age or older will need to provide to the district court that they are incapable of reproduction before receiving consent to marry.
Finally a yes. When the Supreme Court denied to review Utah's same-sex marriage case in October 2014, gay marriages were allowed to begin there immediately.
Previously it was Yes. Then No. But gay couples already married received federal benefits.
Nina Totenberg: "Attorney General Eric Holder announced Friday that the federal government will recognize the 900-plus same-sex marriages that took place in Utah during the two weeks when such unions were legal."
Source: Mark Memmott. "Same-Sex Couples In Utah Made Eligible For Federal Benefits." NPR.org. 1/10/2014.
On January 6, 2014, in a two-sentence order, the U.S. Supreme Court paused gay couples from getting married in Utah. Same-sex couples previously married in Utah are apparently still legally married but their marriages won't be recognized by the state.
In November 2004, voters passed a constitutional amendment banning same-sex marriage, a federal judge overturned Utah's same-sex marriage ban in December 2013. Although on December 20, 2013, the first gay couple in Utah was married, state officials were pushing for an emergency stay of the ruling.
Derek Miller: "... state recognition of same-sex marital status is ON HOLD until further notice. Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide."
Source: Paige Lavender. "Utah Will Not Recognize Same-Sex Marriages That Have Already Been Performed: Governor's Office." HuffingtonPost.com. 1/08/2014.
If you are 16 or 17 years of age, you will need to have your parents with you to sign the consent form. Those who are 15 years of age, will need to have an authorization by a juvenile judge of the county where you reside or by a court commissioner (Section 30-1-9 Marriage by Minors). If you are under 14 years of age, you cannot get married in Utah.
Any ordained ministers who are at least 18 years of age, Native American spiritual advisors, the Governor, mayors, justices of the peace, judges or commissioners, county clerks, president of the Senate, speaker of the House of Representatives, retired judges or magistrates, U.S. judges or magistrates may perform weddings.
The marriage license must be returned to the Court Clerk for recording no more than thirty (30) days from the date of its issuance since a Utah marriage license is valid for 30 days. What this means is you two 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 for and paying for another marriage license.