Massachusetts State Legal Requirements

All people who marry in Massachusetts must have a marriage license issued in Massachusetts. An out-of-state license cannot be used. This publication outlines the procedures you must follow to obtain the license.

Is identification required for marriage license application ="Notice of Intention of Marriage"?

Only if age is a question then birth certificate, drivers license, etc. may be required.

What information is usually requested on the” Notice of Intention of Marriage" (Marriage License Application)?

You both sign your application and give pertinent information, name, date of birth, residence if not a Ma. resident where you have intentions on residing, occupation ,birthplace, parents names and surnames, the number of marriage this is for you 1,2,3, etc, if not your first are you presently divorced or widowed. whether you are a partner in a civil union or domestic partnership, if so is this dissolved or not, and the application states:" Penalty under the General Laws of MA c.207&52 ...whoever falsely swears or affirms in making any statement required....shall be punished by a fine" and "I have reviewed this list of impediments to marriage for my place of residence and hereby state that there is an absence of any legal impediment to the marriage and do hereby depose and say that all the statements as set for in the above notice whereof I cold have knowledge are true and are made under the penalties of perjury (c.4&6, Rule 6 General Laws}. Your signatures are required. You also have to swear to this and give your oath all information is correct to a person at the town hall designated to administer oaths usually the town clerk .The forms also say "Please note that if you are not a resident of Massachusetts resident and you enter into a marriage in Massachusetts that would be void if contracted for in the state where you reside and intend to continue to reside, your marriage "shall be null and void" MA. General Law c.207&11)

How many days is your license good for?

Sixty days from the date your intentions were filed, MA General Law c.207&20.

If you have further questions on this I would suggest you call the town hall where you are going to apply for your license. Remember you must apply together

License application information under revisions at this time, further information may be available from:
Citizen Information Service (CIS)
Secretary of the Commonwealth
One Ashburton Place, Room 1611
Boston, MA 02108-1512
Tel: (617) 727-7030
Toll Free: 1-800-392-6090 (within Mass. only)
TTY: (617) 878-3889
Fax: (617) 742-4528
www.sec.state.ma.us/cis/cisidx.htm
E-mail: cis@sec.state.ma.us

Marriage local licenses mandated by state law but issued at the local level, by either the Mayor, City Council, or Board Of Selectmen; by the City or Town Clerk; the Licensing Board; the Chief Of Police; or the Board Of Health. To lookup the telephone numbers to your city or town hall, click here. Additionally, you may contact Citizens' Information Service with license questions.

Bureau of Communicable Disease Control
Department of Public Health
305 South Street
Jamaica Plain, MA 02130
Tel: (617) 983-6550
Fax: (617) 983-6925
www.mass.gov/dph/cdc/bcdc.htm

Blank medical certificates for the premarital tests may be obtained by medical practitioners and by out-of-state residents planning to marry in Massachusetts by calling (617) 983-6940 or, a downloadable form is available at: www.mass.gov/dph/cdc/std/premar.pdf.

Marriages are recorded at the Registry of Vital Records and Statistics
Bureau of Health Statistics, Research and Evaluation
Department of Public Health
150 Mount Vernon Street, 1st Floor
Dorchester, MA 02125-3105
Tel: (617) 740-2600
To order by credit card: (617) 740-2683, 2684
Fax orders: (617) 825-7755
www.mass.gov/dph/bhsre/rvr/rvr.htm
For an online feedback form go to this link: www.mass.gov/dph/feedback.htm

This registry is responsible for keeping the records of all marriages that occur in Massachusetts. Certified copies of these records from 1906 to the present are available via mail or in person. Records from 1841-1895 are now on file with the Archives Division of the Secretary of the Commonwealth's office. Also, local city and town clerks have records of events occurring in their communities prior to 1841, as well as since 1841. All vital statistics are provided to the National Center for Health Statistics which in turn utilizes the data to publish a national profile of population trends for the country. Public research hours are Monday, through Friday from 9:00 a.m.-12:00 noon and 2:00-4:30 p.m. Access is restricted on records of people born out of wedlock after 1906. Visa, MasterCard, Discover and American Express are the only accepted forms of payment when ordering copies of records by phone.

Waiting Period - Is there a waiting period from the date of application to the date the license is issued?

Yes, there is a mandatory three-day waiting period. While Sundays and holidays are included in the three days, the day the application is made is not. For example, if you apply on Friday, your license will be issued on or after Monday. Check with your town clerk to determine whether you must pick it up in person, or if it can be mailed.

Yes, if you can obtain a court waiver after filing intentions. According to MGL Ch. 207:30, if both parties are residents, or non-residents, or one of each, and they need to dispense with the three days, they may do so by applying to the judge of a probate or district court to have the license issued without delay, after filing intentions with the clerk. Under extraordinary or emergency circumstances, such as if the death of either party is imminent or the female is nearing the end of her pregnancy, an authorized request by a minister or clergyperson or an attending physician shall suffice and the clerk can issue the certificate without delay.

You should file your intentions first with any city or town clerk. Then an application for a waiver must be filed by both of you at a probate or district court. After a hearing, the court may issue a certificate allowing the marriage license to be issued, and the marriage performed without delay.

What is the cost of a marriage license?
Fees in most communities range between $4 and $15 dollars. The state statute stipulates a fee of $4 for the license but it allows cities and towns by a vote of their city councils, boards of selectmen or town meeting, or by a change in the by-laws, to set their own fee.

At what age may a man or woman marry?

A Massachusetts resident may marry if both are 18 years of age or older. A birth certificate may be required to show proof of age.

If either party is under 18, a court order from a probate or district court where the minor resides must be obtained before the marriage intentions can be filed.

No. However, it is now required by a regulation of the Department of Public Health that city and town clerks distribute to applicants for a marriage license and AIDS educational pamphlet. The pamphlet is entitled, "If You're Getting Married .... Know the Facts About HIV (PDF, 25Mb)." For information and referral, contact:

Statewide toll-free AIDS hotline:
1-800-235-2331

U.S. Public Health Service toll-free hotline:
1-800-342 AIDS (2437)

No; The office of Stanley E. Nyberg, Registrar of Vital Records and Statistics stated:

Subject: Chapter 388 of the Acts of 2004

On October 29, 2004 the Governor signed into law Chapter 388 of the Acts of 2004, formerly
known as House Bill 75. This law repeals section 28 of c.207 M.G.L., eliminating the
premarital medical certificate requirement for marriage in Massachusetts. Therefore,
effective January 28, 2005 (90 days after signing) medical certificates will no longer be
a requirement for issuance of a marriage license.

The Massachusetts Medical Society has a physician referral hotline: 1-800-322-2303.

You are not required to present a divorce certificate when filing intentions to marry. However, it is extremely important that an individual who has been divorced be certain that his/her divorce is absolute. If you are uncertain as to the absolute date of your divorce, you should contact the court where the divorce was granted. In Massachusetts, a divorce does not become absolute until 90 days after the divorce nisi has been granted, regardless of the grounds for divorce.

Do we need any witnesses present at the ceremony?
Massachusetts statute does not require that witnesses be present at your ceremony. However, if a member of the clergy performs the ceremony, you should ensure that you are in conformity with the appropriate religious tenets.

What are the responsibilities of the member of the clergy or the justice of the peace?
The member of the clergy or justice of the peace must complete and sign the original license and return it to the clerk of the city or town where the license was issued.

Same Sex Marriages:

Residency Requirement:

The measure was signed earlier in the month by the Senate and then went to Gov. Deval Patrick, who signed it into law.

Opponents of the measure had argued for keeping the law in deference to other states’ laws, but supporters blasted the law as antiquated and rooted in inequality and racism.

Marc Solomon, executive director of MassEquality, called today’s decision "an incredible victory for equality." In a written statement he said, "In repealing this law we've sent the message loud and clear that in Massachusetts, we respect and honor all families. No matter where you live or if you're gay or straight, if you'd like to marry you can do it in our state."

You may contact your city or town clerk, or:
Registry of Vital Records and Statistics
Department of Public Health
150 Mt. Vernon Street
Boston, MA 02125-3105
(617) 740-2600

If you are experiencing a name change you will need to notify various companies and institutions to let them know. Some of these will require a certified copy of your marriage license, a copy, letter or phone call.

Banks
Credit Cards
Contract Holders
Drivers License
Employer
Insurance Company
IRS
Passport
Post Office
Retirement Plan
Voter Registration
Also remember to look over or establish legal documents.
Health Care Proxy
Living Will
Power of Attorney
Trust
Will

Cape Cod Weddings Judith Todd-McNichol Justice of the Peace

Same Sex Marriages:

Residency Requirement:

Cape Cod Weddings
Judith Todd-McNichol
Justice of the Peace