Utah marriage license laws

At the outset, it was mentioned that the couple could file a petition to get their common-law-like marriage acknowledged.

That's true, but the net of allowable petitioners is actually wider and more flexible: you or your partner could file the petition separately; you could file it together; or a third-party, such as a family member, can file it on your behalf. Going through the effort of getting your faux marriage recognized as real is primarily used in order to backdate the origin of your marriage. If you don't care about this, it's more efficient and cost-effective to just get married for real.

If either you or your spouse or soon-to-be-spouse is a resident of Utah and you decide to marry outside of the state, that marriage will be recognized as valid here as long as it doesn't violate any age constraints or prohibited marriage criterion. Throughout the state's history, certain types of marriages have been retroactively validated, as long as it would not have been otherwise prohibited by current day law. In , the state retroactively validated marriages where either party was susceptible to chronic epileptic fits and had not been sterilized.

Utah had passed its first anti-miscegenation law in , which barred interracial marriage between Whites and Blacks, Asians, and Filipinos.

On May 14, , the state rescinded its anti-miscegenation practices through an act that erased the prior list of outlawed marriages that were based on race.

Impacted marriages that took place prior to this date were deemed lawful. This revocation took place four years prior to the U. Supreme Court's landmark Loving v. Virginia case, which struck down anti-miscegenation laws throughout the nation.

In , Peggy Tingey and Cindy Kidd sued the state which resulted in the law being overturned. Stephen J. Rees, the Republican State Senator who represented Salt Lake City and sponsored the original law later agreed that it should be rescinded stating, "I don't know what we were thinking.

Any marriage established prior to October 21, that was invalidated due to the overturned law that affected persons with AIDS, gonorrhea, or syphilis was deemed valid, as long as it didn't violate any prohibited marriage provisions.

Applying In Utah, marriage is a civil contract that must be entered into voluntarily. Applying separately Although most couples submit their marriage application together, there are some county clerk offices that will allow you to apply separately. Certificates included Your license fee includes two complementary certified copies of your marriage certificate, which will be sent to you after your marriage is solemnized and license and certificate of marriage is recorded by the county clerk.

The application While the state requires a minimum set of questions be asked, it's up to each county clerk's office to design, print, and distribute the marriage application form. Expected questions The application is simple, and shouldn't present you much trouble. You'll be expected to answer the following simple questions: Legal name Provide your full current legal name, including first, middle, and last. Current address Your address is used to mail you a certified copy of your marriage certificate.

Place of birth If born in the United States, specify the city or town, county, and state or territory. Marital history Specify how many times you've been married and when and how e. Race and education You may be asked to specify your race, ethnic background, and highest education level completed. Parents' information If known, provide both your parent's names including maiden name and places of birth.

Social security number Specify your social security number, if you have one. Age requirements Age groups Requirements vary by age.

How old are you? Age 18 and older If you're 18 years old or older, you can marry without consent from a parent or guardian. Age 16 and 17 If you're either 16 or 17 years old, you must obtain consent to marry from your parent or guardian. Age 15 If you're 15 years old, you must obtain consent to marry from your parent or guardian and authorization from a judge of the juvenile court.

Age 14 and younger If you're 14 years old or younger, you cannot get married. Who grants consent? Not divorced If your parents are together, either can grant consent. Divorced If your parents are divorced and share joint custody of you, the parent that has physical custody of you most of the time is the one who grants consent; otherwise the parent who has legal custody of you grants consent.

Guardian If you have a legal guardian, he or she must grant consent and present guardianship papers to the clerk. Expressing consent Whoever grants consent for you to marry must put it in writing, in the presence of the county clerk. Previously married If you're a minor who's been previously married, the consent requirement is waived. Falsification penalty If a person impersonates or forges the name or signature of a parent or guardian in order to help a minor obtain a marriage license, that person would be guilty of a third degree felony.

Juvenile court authorization Getting authorization from the juvenile court to marry pertains to minors who are 15 years old. Identification Primary identification Bring valid identification that confirms your age and identity, such as a certified copy of your birth certificate, driver's license, state ID card from Utah , military ID card, or passport. Social security number validation In addition to the requisite primary ID , if you have a social security number you must bring your social security card.

Parent or guardian ID If there's a parent or guardian accompanying you to grant their consent in person, they must bring valid government-issued photo ID. Birth certificate for minors If you're underage, meaning you're below the age of 18, the original or certified copy of your birth certificate must be provided by your consenting parent or guardian , if available. Waiting periods There are no waiting periods. Expiration Your marriage license will expire 30 days after its been issued.

Blood tests You do not need to get a blood test in order to get a marriage license in Utah. Previous marriages If you've been divorced in the past six months, you may be asked to present a certified copy of your final divorce decree to the county clerk. Prohibited marriages Incestuous relationships If you were to marry any of the following members of your family, it would be void from inception due to its incestuous nature.

Great-grandmother Great-grandfather Grandmother Grandfather Mother Father Son Daughter Grandson Granddaughter Great-grandson Great-granddaughter Sister Brother Aunt Uncle Niece Nephew First cousin see exception Marriage between any degree of ancestors and descendants is prohibited, as is marriage between half or whole blood siblings.

First cousin exception Both 65 years old or older If you and your first cousin are 65 years old or older, you are allowed to marry. Both 55 years old or older If you and your first cousin are 55 years old or older, you can marry as long as either of you cannot reproduce. Non-divorced spouse If you having a living husband or wife, you can't marry someone else until you've divorced your prior spouse.

Solemnization The term "solemnization" means to perform or preside over a marriage. Who may solemnize? Clerks Any county clerk in this state, and their designees, may carry out solemnizations. Judges You can be married by a judge, justice, or commissioner of a court of record of this state; an out-of-state judge, as long as they're a judge of a court of record in their state; or a federal judge, justice, or magistrate.

Clerics Your marriage may be solemnize by a minister, priest, or rabbi of any religious denomination as long as they're at least 18 years old, remains in good standing with the religious society, and maintains and ongoing affiliation with said religious society. Politicians Your marriage may be solemnized by a variety of state politicos, including the governor and lieutenant governor; general assembly leaders, specifically the speaker of the House of Representatives or the president of the Senate; county executives; and municipal mayors.

Native Americans A Native American spiritual advisor of a federally recognized Native American tribe may perform solemnizations. Endorsing the license Once your ceremony concludes, your officiant must endorse, or certify, the license: specifically the bottom certificate portion of the license. Returning the license Once your license has been endorsed by your officiant, it must be returned to the county clerk that issued it within 30 days after the ceremony so that it may be recorded.

Unauthorized solemnization If your marriage is solemnized by someone who has no authority to do so, it wouldn't invalidate your marriage as long as either you or your spouse believed the person to be genuine and your marriage was lawfully carried out. Unlawful solemnization of a minor If an officiant solemnizes a marriage without a license for a person who's 15 years old or younger, and the youngster didn't present written authorization to get married from a juvenile court, the officiant would have committed a third degree felony.

Solemnization with expired or nonexistent license In actuality, solemnizing a marriage without a license or with an expired license , regardless of the ages of the parties to the marriage, would still be a third degree felony. Solemnizing prohibited marriage Prohibited marriages are based on blood-relations , bigamy , and age limitations. Recording Once your endorsed license and certificate has been returned to the clerk for recording, both will be filed, archived in office, registered in a handwritten or digital log book, and indexed by both you and your spouse's names.

Marriage certificates As mentioned in the fees section , you'll receive two certified copies of your marriage certificate after it's been recorded. Name change after marriage You must have a certified copy of your marriage certificate in order to change your name with various governmental institutions, such as the Social Security Administration, DMV, or passport office.

If requested, print off the copy of the officiant worksheet to give to the individual performing your ceremony. Be sure your officiant follows the instructions in your email and on the worksheet for completing and submitting your license online to Utah County.

Can I Still Apply in Person? If you need to pay your license fee by cash or check or if you would just prefer to complete your application in person, you can come into the Utah County Passport and Marriage License office during regular business hours.

Schedule of Marriage License Fees. When to Apply. An expired license is no longer valid and a couple would need to get a new license to get married.

If you apply for a license too early and your wedding has to be delayed, you will have to pay to get a new license if your current one expires before your new date. Sign in. Log into your account. Password recovery. Recover your password. Forgot your password? Get help. Home Marriage Marriage Certificate Utah. Defense of Marriage Act. Common Law Marriage Mississippi.