The Truth About Getting Married Without a License: Options, Risks, and Legal Realities

Marriage is changing. Fewer couples are following the traditional path, and many are wondering if they need to follow it at all.

In fact, the US marriage rate hit a historic low in 2022, with just 5.1 marriages per 1,000 people.

For some, that’s because they’re delaying the legal step. For others, it’s about something deeper: rethinking what marriage means altogether.

So it’s no surprise that more couples are asking: can you get married without a marriage license?

The short answer? You can have a wedding ceremony. You can exchange vows, invite guests, and even throw a party.

But a marriage without a license isn’t legal, and that distinction matters, for taxes, immigration, medical decisions, and more.

Before you skip the paperwork, here’s what you need to know about the risks, the alternatives, and how to make your commitment official, if you choose to.

Can You Have a Wedding Ceremony Without a Marriage License?

Yes, you can. A wedding ceremony and a legal marriage are two distinct entities. The ceremony symbolizes your personal and emotional commitment, while the marriage license grants legal recognition by the state.

Symbolic Ceremonies Without Legal Status

You can absolutely host a beautiful, meaningful wedding ceremony without obtaining a marriage license.

Many couples choose this route for various personal reasons.

Your ceremony can include all the traditional elements, vows, rings, music, reception, and even an officiant, but without a marriage license, the union remains symbolic rather than legally binding.

It’s important to understand that while your relationship and commitment are very real, the law won’t recognize your partnership as a marriage without proper documentation.

This means you won’t have access to the legal benefits and protections that married couples receive.

Why Some Couples Skip the License

There are numerous legitimate reasons why couples might choose a ceremony without legal marriage:

• Religious or spiritual beliefs: Some faith traditions place more emphasis on the spiritual union before God than on government recognition.
• Immigration considerations: Couples may avoid legal marriage due to visa complications or concerns about immigration status.
• Personal philosophy: Many couples reject the government’s role in validating their relationship or disagree with the institution of marriage while still wanting to celebrate their commitment.
• Long-distance relationships: Partners separated by geography might hold a ceremony while waiting until they can live together to complete legal requirements.
• LGBTQ+ couples in regions with limited rights: In some countries, same-sex couples might have a ceremony even when legal marriage isn’t an option.

Financial considerations: Some couples avoid legal marriage due to tax implications, benefit eligibility, or debt concerns.

What Happens If You Get Married Without a Marriage License?

Without a marriage license, your ceremony has no legal effect. This impacts numerous aspects of your life together, from practical daily matters to significant life events.

You Lose Legal Benefits

When you choose not to obtain a marriage license, you forfeit important legal protections and benefits:

• Tax advantages: You cannot file jointly or access certain tax benefits available to married couples.
• Healthcare decisions: You lack automatic next-of-kin status for hospital visitation or medical decision-making in emergencies.
• Immigration benefits: You cannot sponsor your partner for residence or citizenship based on marriage.
• Social Security and retirement benefits: Spousal benefits for these programs are unavailable without legal marriage.
• Death benefits and inheritance: Without a marriage certificate, surviving partners don’t automatically inherit or receive survivor benefits.
• Health insurance coverage: Many employer plans only cover legal spouses, not partners from symbolic ceremonies.

These limitations can have serious financial and practical implications throughout your relationship.

Why It Can Get Complicated Later

The absence of a legal marriage can create significant complications down the road:

• Property disputes: Without marriage laws governing asset division, separating shared property can become contentious and unpredictable.
• Parental rights challenges: Non-biological parents lack automatic legal rights to children without adoption or other legal arrangements.
• Separation proceedings: Without formal divorce procedures, ending the relationship means navigating property division without clear legal frameworks.
• Estate planning complexities: More extensive documentation is needed to ensure your partner inherits according to your wishes.
• Financial entanglements: Joint accounts, shared debts, and co-owned assets lack the protection of marital property laws.

Creating legally binding agreements through other means becomes essential to protect both partners in these situations.

Why Pastors Can't Legally Marry Without a License

A common misconception is that religious officials can perform legally binding marriages without government involvement.

The question "Can a pastor marry a couple without a marriage license?" has a clear answer: they can perform a ceremony, but it won't create a legal marriage.

In the United States, religious officiants, pastors, priests, rabbis, imams, or other clergy, must comply with state marriage laws.

While they conduct the ceremonial aspects, the legal marriage requires:

1. A valid marriage license obtained from the appropriate government office

2. Proper completion and filing of this license after the ceremony

3. Adherence to state-specific requirements regarding witnesses and documentation

In some states, officiants who knowingly perform ceremonies presenting them as legal marriages without proper licensing could face penalties. For instance, in Pennsylvania, this could constitute a third-degree misdemeanor.

If you're working with a religious officiant, have a clear conversation about whether you're seeking a purely religious ceremony or a legally recognized marriage, as the requirements differ significantly.

Can You Be Legally Married Without a License in Any State?

In most US states, a marriage license is required for a union to be legally recognized. 

However, some states acknowledge common-law marriages, where couples can be considered legally married without a formal license or ceremony, provided certain conditions are met.

What Is Common-Law Marriage?

Common-law marriage provides a path to legal marriage without a traditional license or ceremony in certain states.

It's based on the couple's intent and behavior rather than documentation.

A common-law marriage, when recognized, grants the same legal rights and responsibilities as a traditional marriage.

This includes property rights, inheritance, tax benefits, and the requirement for legal divorce if the relationship ends.

However, common-law marriage isn't about simply living together for a certain period. Instead, it involves specific requirements that vary by state, generally including:

• Living together for a significant period (though no state specifies an exact timeframe)
• Presenting yourselves to the community as married
• Intending to be married
• Using the same last name (in some cases)
• Filing joint tax returns
• Maintaining joint bank accounts or owning property together

US States That Recognize Common-Law Marriage

As of 2025, the following jurisdictions recognize common-law marriages:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma (limited recognition)
• Rhode Island
• Texas
• Utah

Some states have abolished common-law marriage but still recognize such marriages established before a certain date:

• Georgia (if created before January 1, 1997)
• Idaho (if created before January 1, 1996)
• New Hampshire (for inheritance purposes only)
• Ohio (if created before October 10, 1991)
• Pennsylvania (if created before January 1, 2005)

Even in states that don’t recognize common-law marriages performed within their borders, valid common-law marriages established in states where they are legal are generally recognized.

What Qualifies, And What Doesn't

For a common-law marriage to be recognized in states that allow it, certain conditions must typically be met:

What Qualifies:

• Both parties must have the legal capacity to marry (appropriate age, not currently married to others)
• The couple must cohabitate continuously (though no specific time period is universally required)
• Both partners must present themselves as married to friends, family, and the community
• The couple must have a mutual agreement to be married
• They typically share finances, file joint tax returns, and use the same last name
• They refer to each other as "husband," "wife," or "spouse"

What Doesn't Qualify:

• Simply living together, regardless of the duration
• Referring to each other as partners or significant others rather than spouses
• Maintaining separate finances and tax filings
• Not presenting yourselves as married to others
• Having an explicit agreement to remain unmarried despite living together
• Dating exclusively without the mutual intent to be married

If you believe you're in a common-law marriage and need to prove it (for benefits or legal reasons), consider consulting with a family law attorney familiar with your state's requirements.

Can You Get Married Through Commitment Ceremonies or Religious Weddings?

When legal marriage isn't desired or possible, many couples turn to alternative ceremonies to mark their commitment.

Commitment Ceremonies: Meaningful, But Not Legally Binding

A commitment ceremony is one way to be married without a license, at least symbolically. While these ceremonies carry emotional and social weight, they don’t create a legal union.

Couples may exchange vows, rings, and celebrate with loved ones, but there’s no legal marriage unless a state-issued marriage license is obtained and filed.

Common reasons for choosing commitment ceremonies include:

• Personal values: Some couples believe their commitment is between themselves and possibly their religious community, without government involvement.
• Political stance: Some see marriage as a historically problematic institution and prefer alternatives that better align with their values.
• Previous negative experiences: Those who experienced difficult divorces might want to avoid legal marriage while still celebrating their new relationship.
• Financial considerations: Some couples face practical financial reasons to avoid legal marriage, such as benefit eligibility or debt concerns.
• Desire for customization: Commitment ceremonies allow complete freedom in designing a celebration without legal requirements or restrictions.

Commitment ceremonies can include all the traditional elements of weddings, vows, rings, music, celebratory meals, and communities of witnesses, without creating legal obligations.

Religious-Only Unions Without Legal Recognition

Many couples hold religious ceremonies without obtaining marriage licenses, particularly in faith traditions that view marriage primarily as a covenant before God rather than a legal status.

However, there's often confusion about whether religious ceremonies alone create legal marriages.

In most US states, they do not.

A religious ceremony without a marriage license results in a marriage recognized by the religious community but not by the state.

This separation can create complications:

• Some religious establishments may require proof of a marriage license before performing ceremonies
• Couples might mistakenly believe their religious ceremony alone creates a legal marriage
• Religious authorities may not clearly explain the distinction between religious and civil marriage
• Couples might later discover they lack legal protections they assumed they had

Different faith traditions have varying approaches:

Catholic: Catholic churches typically require civil marriage licenses before performing ceremonies.

Jewish: Some Jewish communities recognize religious marriages (kiddushin) performed according to Jewish law, regardless of civil status.

Muslim: Islamic marriages (nikah) may be performed religiously without civil marriage, though many communities encourage both.

Hindu: Hindu ceremonies may be conducted separately from legal registration, with varying practices.

If religious recognition without legal status meets your needs, communicate clearly with your religious officiant about your intentions.

Want Both Meaning and Legal Status?

Many couples want both the personal significance of a meaningful ceremony and the legal protections of marriage.

Several options can accommodate this desire:

1. Traditional approach: Obtain a marriage license before your ceremony and ensure your officiant completes the legal requirements.

2. Separate ceremonies: Have a small legal ceremony at a courthouse or government office, followed by a larger religious or personal ceremony later.

3. Online legal marriage: Services like Courtly offer legally valid online marriages, which can be followed by in-person celebrations.

4. Self-solemnization: In states like Colorado that permit self-solemnization, couples can legally marry themselves without an officiant, allowing complete freedom in how they conduct their ceremony.

So yes, you can have a wedding without a license, but it won’t be a legal marriage.

If you want both commitment and legal standing, consider a dual approach that lets you celebrate your way while still accessing the rights of legal marriage.

How to Make Your Marriage Legally Valid

If you want your wedding to carry legal weight, not just emotional significance, there are clear steps you must follow.

While the exact process varies slightly by state, these are the core requirements to make your marriage legally valid:

• Check your state’s marriage laws: Every state has its own rules on age, waiting periods, blood tests (still required in Montana and a few others), and acceptable forms of ID.
• Get a marriage license: This is the legal document that allows you to marry. Visit your local county clerk or recorder’s office, bringing valid photo ID. Some states may also ask for a birth certificate or divorce decree.
• Honor the waiting period: Some states (like Texas or California) require a 1–3 day gap between getting your license and holding the ceremony.
• Use an authorized officiant: Judges, justices of the peace, religious clergy, and even friends can marry you, as long as they’re legally registered or deputized in your state.
• Bring witnesses: Most states require one or two witnesses, typically over age 18, to sign your marriage certificate.
• Complete and file your license: After the ceremony, your officiant must complete the license and return it to the issuing office within the state’s deadline, often 30 to 90 days. If you’re confused about the paperwork, this breakdown of a marriage license vs. marriage certificate can help.

Confirm your marriage is recorded: Call the clerk’s office to ensure your license was properly filed and your marriage legally registered. For international use, you may also need to request an apostille to validate the certificate abroad.

Ceremony vs. Legal Marriage: Finding the Right Path for Your Relationship

Choosing to get married without a license is a personal decision, but one that carries real consequences.

Whether you’re planning a symbolic ceremony, a religious union, or considering common-law marriage, the key is making sure you understand what is, and isn’t, legally recognized.

Talk to a family law expert if you’re unsure how this choice could affect your rights, property, or children. If you’re worried about taxes, insurance, or inheritance, a financial advisor can help you map it all out.

Religious leaders can also guide you if your faith tradition supports spiritual unions without state involvement.

Not every couple wants or needs legal marriage. But if you’re planning to live as spouses, especially long-term, it’s worth thinking through the risks and benefits.

From commitment ceremonies to legal marriage through services like Courtly, there are more ways than ever to define your relationship your way.

What matters most is choosing a path that honors your values and protects your future.

FAQs

Can you get married in the US without a license?

You can have a wedding ceremony without a license, but it won't be a legally recognized marriage. The ceremony can include all traditional elements (vows, rings, reception), but without a license properly filed with the government, you won't have the legal rights and responsibilities of marriage.

What is it called when you're married but not legally married?

This situation is typically described as a "commitment ceremony," "symbolic marriage," or sometimes "spiritual marriage." If you live in a state recognizing common-law marriage and meet the specific requirements, you might be in a "common-law marriage," which has legal standing despite lacking traditional documentation.

What can you do instead of getting married?

Alternatives to legal marriage include:

• Commitment ceremonies celebrating your relationship without legal status
• Domestic partnerships (available in some states with varying legal benefits)
• Civil unions (in states where they're offered)
• Cohabitation agreements (legal contracts addressing property and finances)
• Healthcare proxies and powers of attorney to grant specific legal rights
• Estate planning documents to address inheritance concerns

What happens if I move to a state that doesn't recognize my common-law marriage?

Generally, states that don't permit common-law marriages will still recognize valid common-law marriages properly established in states where they are legal. This principle, called "full faith and credit," means your marriage should remain valid even after moving. However, you may need documentation proving your common-law marriage was valid in your previous state.

Are there financial benefits to marriage without a license?

Without legal marriage, you won't access traditional marriage benefits like tax advantages or automatic inheritance rights. However, some couples find financial advantages to remaining legally unmarried, such as:

• Avoiding the "marriage penalty" in certain tax situations
• Maintaining eligibility for certain income-based programs
• Protecting assets from a partner's existing debt
• Preserving Social Security benefits from previous marriages

These potential advantages should be weighed carefully against the significant legal protections you forfeit by not being legally married.