Eloping may be a joyful and exciting way to be married without all of the stress and cost of a traditional wedding. Here’s everything you need to know to stay legal.
What you will discover:
What exactly is eloping?
Is a marriage license required to elope?
How much does eloping cost?
Will an officiant be required if you elope?
Is a witness required to marry?
What is it that draws so many couples to elope in Las Vegas?
Do you want to tie the knot with someone special? You are not alone yourself. In Obergefell v. Hodges, the United States Supreme Court declared that,
[m]arriage is precious to those who follow their faiths and provides unique satisfaction to those who seek meaning outside of religion. Marriage is fundamental to our most deep dreams and ambitions, stemming from the most basic human needs.
So, although everyone wants to marry, not everyone wants a huge wedding or to wait months. If you want to elope, the information below will help you stay legal.
Table of Contents
What exactly is eloping?
Eloping is defined by Merriam-Webster as “to flee secretly with the intention of marrying, usually without parental consent.” However, it may also imply “to flee.”
There are many reasons to elope, but do not rush into it. Here are five crucial legal problems to consider if you are thinking of eloping with your darling to the local church.
Is a marriage license required to elope?
Yes. Every state requires a marriage license. Keep in mind that each state has distinct requirements for acquiring a marriage license when determining where to elope. In California, for example, both couples must attend in person and provide a valid picture ID to the County Clerk’s Office to apply for a marriage license.
There may even be a waiting time before and after acquiring your marriage license in certain jurisdictions, such as Louisiana.
You may have heard that getting married requires a blood test. This is mostly a myth. Until recently, however, certain states, such as Mississippi, needed a blood test to acquire a marriage license. However, in most states that used to need a blood test, you may now be married by merely waiving the blood test requirement via informed consent.
How much does eloping cost?
A marriage license costs vary by state and may be decreased by your amount of preparation. Georgia, for example, offers a program that reduces marriage license expenses if you produce evidence of completion of an authorized premarital counseling course.
Marriage licenses often cost between $100 and $200. After the license is signed and submitted, the cost may cover both the license and a copy. Buyer beware: no matter how inexpensive getting married is, divorce is still quite costly, with filing costs in California as high as $435.
Will an officiant be required if you elope?
The person who marries you is referred to as the marriage officiant, and he or she may be a clergyperson or another approved people. In Friends, remember how Joey married Monica and Chandler? Depending on your state, many various sorts of people, including ship captains and shamans, are permitted to officiate marriages.
Anyone who officiates a wedding in California is obliged by law to complete the marriage license and deliver it to the County Recorder’s office for registration within 10 days of the ceremony. Each state has different standards, so check with your state and county to see who may officiate your wedding.
Is a witness required to marry?
State by state, witness requirements differ. Some states need at least one witness to be present at your ceremony. In other states, at least two witnesses are required. Some states, like as Florida, do not need witnesses at all. Marriage licenses often contain instructions written on them or instructions attached separately that describe what is necessary, or who must sign, and where. Many, for example, contain distinct signature blocks for each needed witness. Nonetheless, it is essential to confirm the witness requirement with your local county.
What is it that draws so many couples to elope in Las Vegas?
Las Vegas, Nevada is well-known for being a popular destination for elopement. The legislation there makes this feasible since there is no waiting time between applying for and acquiring a license. Couples may even pre-register online and pick up their license by bringing their identification to the Marriage License Bureau. Marriage licenses are available every day from 8 a.m. to midnight at the Marriage License Bureau near the Las Vegas Strip.
In some places, you may be required to read marriage information, complete a sworn affidavit, and wait for the paperwork to be processed before getting your marriage license. In Florida, for example, all newlyweds must verify that they have studied the Family Law Handbook issued by the Florida Bar’s Family Law Section.
While many states do not require marriage education before granting a license, family attorneys often advise that everyone consider a Prenuptial Agreement. This ensures that couples understand what their state’s property laws indicate will happen if they divorce. Elopement and prenups are somewhat contradictory because California and other states require that each person be represented by a separate independent attorney, that their finances, including both assets and debts, be fully disclosed, and that the final agreement be in each person’s hands at least seven days prior to signing the document. While prenups might put a damper on honeymoon plans, family attorneys often tell couples that it is better to be safe than sorry.
Enjoy the summer wedding season and plan ahead of time!
