About Marriage Law in Massachusetts, United States
Marriage in Massachusetts is a legally recognized union between two people that grants them a range of rights and responsibilities. Massachusetts was the first state in the United States to legalize same-sex marriage in 2004, and its marriage laws are considered progressive and inclusive. The process of getting married requires compliance with specific state laws regarding eligibility, licensing, and procedures.
Why You May Need a Lawyer
While many couples can navigate the marriage process without legal assistance, certain situations make consulting a lawyer beneficial. These include:
- Drafting or reviewing prenuptial or postnuptial agreements
- Navigating complex family situations, such as previous marriages, stepchildren, or large estates
- Assistance with immigration matters related to marriage
- Clarifying legal rights and obligations in same-sex or blended families
- Handling name changes and documentation
- Addressing concerns about marriage validity if there are prior marriages or international circumstances
- Preparing for divorce or annulment in cases where separation is under consideration
A lawyer can provide legal clarity, ensure compliance with state laws, and protect your interests.
Local Laws Overview
Massachusetts marriage laws have several key aspects that spouses must follow:
- The minimum age to marry is 18. Underage persons require court approval even with parental consent.
- You do not have to be a Massachusetts resident to marry in the state, but your marriage may be invalid in your home state if that state would not allow it.
- A couple must obtain a marriage license from any Massachusetts city or town clerk. There is a mandatory three-day waiting period, which may be waived by court order.
- There is no requirement for witnesses at a Massachusetts marriage ceremony.
- Massachusetts recognizes both religious and civil marriages, as well as marriages performed by authorized officiants, including justices of the peace.
- Common law marriage is not recognized in Massachusetts.
- Cousin marriage is permissible under Massachusetts law.
- All prior marriages must be legally dissolved before marrying again.
It is important that all statutory requirements are fulfilled to ensure the marriage is legally valid.
Frequently Asked Questions
Who is eligible to marry in Massachusetts?
Any two people who are at least 18 years old and not closely related by blood or adoption may marry. Persons under 18 need court approval.
How do we get a marriage license?
Both parties must apply in person at a city or town clerk’s office. You will complete an application, pay a fee, and wait three days for the license to be issued, unless the waiting period is waived by a judge.
Do we need to be Massachusetts residents to marry there?
No, you do not need to be a resident. However, if your home state would not allow you to marry, Massachusetts may not issue a license.
Are same-sex marriages recognized?
Yes, Massachusetts has recognized same-sex marriage since 2004 and there is no difference in rights or procedures compared to opposite-sex marriages.
Can we use a friend or family member as an officiant?
Yes, a one-day solemnization certificate can be obtained to allow a specific person to solemnize your marriage on the desired date.
Does Massachusetts recognize common law marriage?
No, Massachusetts does not recognize common law marriage, regardless of the length of the relationship.
Can first cousins marry in Massachusetts?
Yes, marriage between first cousins is permitted in Massachusetts.
Is there a waiting period after obtaining a license?
Yes, there is a required three-day waiting period before your marriage license becomes valid. This can be waived by a court order for an additional fee.
How do we change our names after marriage?
You may choose to change your last name during the marriage license application process. After marriage, your marriage certificate serves as proof of the name change for updating records.
Can previous marriages or divorces impact the process?
Yes. You must disclose all prior marriages on your license application and provide the date of your final divorce decree or spouse’s death if applicable. All previous marriages must be legally concluded.
Additional Resources
The following organizations and government offices provide helpful information and services related to marriage in Massachusetts:
- Massachusetts Registry of Vital Records and Statistics
- City or town clerk’s office in your intended place of marriage
- Massachusetts Probate and Family Courts
- Massachusetts Bar Association’s Lawyer Referral Service
- GLAD (GLBTQ Legal Advocates & Defenders) for LGBTQ+ couples
- Legal services organizations such as Greater Boston Legal Services
Next Steps
If you require legal assistance with marriage in Massachusetts, take these steps:
- Research your eligibility and be prepared with necessary identification and documentation
- Schedule a consultation with a family law or marriage lawyer, particularly if you have unique circumstances such as prenuptial agreements, complicated family structures, or immigration issues
- Visit your local city or town clerk’s office to begin the marriage license application
- Contact the Massachusetts Bar Association for referrals if you are unsure how to find a lawyer
- If financial resources are an issue, explore free or low-cost legal assistance through local legal aid organizations
Being well-prepared and seeking professional guidance when needed will help ensure your marriage process in Massachusetts is smooth and legally sound.
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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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