About Marriage Law in New Hampshire, United States
Marriage in New Hampshire is both a legal and ceremonial process governed by state-specific statutes. The laws define who can marry, the process for obtaining a marriage license, age and residency requirements, and obligations after marriage. In New Hampshire, marriage is available to both opposite-sex and same-sex couples. The state recognizes civil unions from other jurisdictions as marriages. Whether you are planning to get married, already married, or considering separation, understanding New Hampshire’s marriage laws is essential for protecting your rights and fulfilling legal obligations.
Why You May Need a Lawyer
There are numerous situations relating to marriage where seeking legal advice is crucial. Some common reasons people consult lawyers include:
- Clarifying eligibility to marry, such as age requirements or previous marriages
- Advising on prenuptial or postnuptial agreements
- Assisting with correcting or amending marriage certificates
- Resolving legal complications regarding recognition of foreign or out-of-state marriages
- Addressing issues related to annulments or dissolving a marriage
- Providing guidance for changing your name after marriage
- Handling disputes over property, finances, or children that arise from a marriage
- Interpreting inheritance and spousal rights
Regardless of how straightforward or complex your situation may seem, consulting with a legal professional can help avoid mistakes, delays, or unwanted surprises related to marriage matters.
Local Laws Overview
Several key aspects of New Hampshire’s marriage laws are important for anyone planning to marry or seeking legal advice:
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Age Requirements: The legal age to marry is 18. Minors aged 16 or 17 may only marry with judicial and parental consent. Children under 16 cannot legally marry.
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Residency: You do not need to be a New Hampshire resident to marry in the state. However, you must apply for the license in the town or city where the marriage will take place.
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Marriage License: Both parties must appear in person at the city or town clerk’s office, provide government-issued identification, and complete the necessary application. There is a license fee, and the license is valid immediately upon issuance and for up to 90 days.
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Prohibited Marriages: Certain close familial relationships are prohibited from marrying. New Hampshire law forbids marriages between parents and children, siblings, aunts and nephews, or uncles and nieces.
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Previous Marriages: Individuals who have been previously married must provide divorce or annulment decree or death certificate as proof of dissolution before remarrying.
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Solemnization: Marriages can be performed by judges, clergypersons, justices of the peace, and certain authorized officials. Witnesses are not required under New Hampshire law.
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Same-Sex Marriage: Same-sex marriage is legal and fully recognized in New Hampshire.
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Common Law Marriage: New Hampshire does not generally recognize common law marriage-though for probate purposes, cohabiting heterosexual couples may be recognized as married after three years of living together, only upon the death of one partner.
Frequently Asked Questions
Who can legally marry in New Hampshire?
Any two people aged 18 and over, regardless of gender, can marry. Minors aged 16 or 17 need the consent of a parent or guardian and a court order. Certain blood relatives are prohibited from marrying.
What documents are needed to get a marriage license?
Typically, both parties need government-issued identification, such as a driver's license or passport. If previously married, divorce decrees or death certificates must be shown.
Is there a waiting period after obtaining a marriage license?
There is no waiting period in New Hampshire. The marriage license is valid immediately once issued.
How long is a marriage license valid in New Hampshire?
Marriage licenses are valid for 90 days from the date of issuance.
Can non-residents get married in New Hampshire?
Yes, you do not need to be a resident of New Hampshire to marry there.
Is same-sex marriage recognized in New Hampshire?
Yes, same-sex marriage is legal and recognized throughout New Hampshire.
Are witnesses required for the marriage ceremony?
No, New Hampshire law does not require witnesses to be present at the wedding ceremony.
Who can officiate a marriage in New Hampshire?
Judges, justices of the peace, ordained clergy, and some other officials can solemnize a marriage in New Hampshire.
Does New Hampshire recognize common law marriage?
As a general rule, New Hampshire does not recognize new common law marriages, but it does recognize cohabiting couples as married for inheritance purposes under strict conditions.
What is the process for changing your name after marriage?
Name changes after marriage are typically done by using the marriage certificate as proof. Procedures may vary by agency, so you should notify the Social Security Administration, the Department of Motor Vehicles, and other important institutions.
Additional Resources
If you need more information or legal assistance regarding marriage in New Hampshire, the following resources may be helpful:
- New Hampshire Department of State, Division of Vital Records Administration
- New Hampshire Judicial Branch - Family Division
- Local city or town clerks' offices where marriage licenses are issued
- Legal Assistance organizations such as New Hampshire Legal Assistance
- American Bar Association - Marriage and Family Law section
Next Steps
If you are considering marriage, experiencing marital challenges, or simply need to understand your rights and obligations, you should:
- Gather all relevant personal documents such as identification, divorce decrees, or previous marital records
- Contact the city or town clerk where you plan to marry for local requirements
- Consult with a legally qualified professional for tailored legal advice, especially in complex situations like prenuptial agreements or questions of eligibility
- Review materials from official New Hampshire state and local government resources
- Consider reaching out to legal assistance organizations for guidance or representation if needed
Understanding marriage laws and requirements in New Hampshire is an important step in protecting your interests. If you are unsure or need legal advice, seeking guidance from a qualified family law attorney can provide clarity and peace of mind.
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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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