About Marriage Law in District of Columbia, United States
Marriage in the District of Columbia is governed by a set of local statutes that define who can marry, the process for obtaining a marriage license, and the rights and responsibilities of married individuals. The District of Columbia recognizes marriage as a legal contract between two consenting adults, and allows both opposite-sex and same-sex couples to marry. The city has its own procedures and requirements for marriage, which may differ from those in nearby states.
Why You May Need a Lawyer
While many couples can complete the marriage process in the District of Columbia without legal assistance, there are situations where consulting a lawyer is important. Common scenarios include:
- Drafting or reviewing a prenuptial or postnuptial agreement
- Addressing potential legal issues related to assets, property, or debts
- Ensuring compliance with immigration requirements for international marriages
- Clarifying marital rights for same-sex couples and transgender individuals
- Navigating complex family situations, such as previous marriages or children from previous relationships
- Name change and identity document updates
- Dealing with legal obstacles, such as age or consent questions
A lawyer specializing in family law in the District of Columbia can help ensure that your marriage arrangements comply with local laws and protect your interests.
Local Laws Overview
The District of Columbia’s marriage laws are designed to establish clear guidelines for who may marry and how marriages are conducted. Key aspects include:
- Legal Age: The minimum age to marry without parental consent is 18. Individuals aged 16 or 17 may marry with consent of both parents or legal guardians.
- Marriage License: Couples must obtain a marriage license from the DC Marriage Bureau before the ceremony. There is no residency requirement, and the license is valid immediately after issuance.
- Waiting Period: There is no mandatory waiting period between obtaining the license and holding the ceremony.
- Officiants: Any authorized officiant including judges, clergy, or authorized individuals may perform the ceremony. Self-officiation is also permitted if the couple applies for a special authorization.
- Prohibited Marriages: Marriages between close relatives (including siblings and half-siblings) are not permitted. Bigamy is also prohibited.
- Same-Sex Marriage: DC fully recognizes same-sex marriages with equal legal status and protections.
- Common Law Marriage: The District of Columbia recognizes common law marriages formed within its jurisdiction if the couple intended to be married and presented themselves publicly as such.
- Fees: There are standard fees for obtaining a marriage license and, if desired, a certified copy of the marriage certificate.
Frequently Asked Questions
How do I apply for a marriage license in the District of Columbia?
You can apply in person at the DC Marriage Bureau located at the Moultrie Courthouse or submit your application online through the Marriage Bureau portal. Both partners must appear together if applying in person.
Is there a waiting period in DC before I can get married?
No, there is no waiting period. You may marry as soon as your license is issued.
Do I have to be a DC resident to get married there?
No, there is no residency requirement for marriage in the District of Columbia.
Can same-sex couples get married in DC?
Yes, same-sex marriage is fully legal in the District of Columbia.
What identification do we need to provide for the marriage license?
Both applicants must provide valid government-issued photo identification, such as a driver’s license or passport.
What if one or both partners have been previously married?
If previously married, you must provide the date and location of the divorce or spouse’s death. Some cases may require documentation.
Are prenuptial agreements recognized in DC?
Yes, prenuptial agreements are enforceable in the District of Columbia if properly drafted and executed.
How is a common law marriage established in DC?
A common law marriage can be recognized if both parties intended to be married, cohabited, and represented themselves as a married couple to the community.
Can I change my name after marriage in DC?
Name changes are permitted and can be requested on official documents after marriage using your marriage certificate as proof.
Who can perform the marriage ceremony in DC?
Judges, authorized clergy, civil celebrants, and even the couple themselves (if specially authorized) may officiate.
Additional Resources
Several resources are available in the District of Columbia for those seeking guidance or assistance with marriage law:
- DC Marriage Bureau (Superior Court of the District of Columbia) for licenses and general information
- District of Columbia Bar Association for legal referrals
- Family Court Self-Help Center for legal information and guidance
- Local family law attorneys familiar with DC marriage requirements
- LGBTQ advocacy organizations for information on same-sex marriage rights
- Legal Aid Society of the District of Columbia for low-cost or free legal assistance
Next Steps
If you need legal assistance relating to marriage in the District of Columbia, consider the following steps:
- Identify the specific issue you are facing - whether it is about license procedures, prenuptial agreements, or common law marriage recognition
- Gather all relevant documents such as current identification, divorce or death certificates, and any relevant agreements or correspondence
- Contact a qualified family law attorney who practices in the District of Columbia for an initial consultation
- Visit the DC Marriage Bureau or relevant local government offices for process and application forms
- Reach out to the DC Bar Association or local legal aid organizations for referrals if you need affordable legal help
Taking proactive steps and seeking guidance from knowledgeable professionals can help you navigate the marriage laws in the District of Columbia more confidently and ensure your legal rights are protected.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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