Best Marriage Lawyers in Tennessee

About Marriage Law in Tennessee, United States

Marriage law in Tennessee establishes the legal framework for marriage, including requirements for obtaining a marriage license, age restrictions, who may officiate a marriage, and the rights and duties that arise upon marriage. Tennessee recognizes both ceremonial and common law marriages entered into outside of the state if valid where contracted but does not allow new common law marriages to be formed within the state. Marriage involves significant legal implications for property, inheritance, taxation, and parental rights, and is governed by a mixture of state statutes and court decisions.

Why You May Need a Lawyer

Many people consider marriage a personal event, but there are several legal situations where the help of an attorney may be beneficial or necessary. These may include:

- Determining the legal requirements for marriage, especially for immigrants or non-citizens. - Drafting and reviewing prenuptial and postnuptial agreements to protect individual assets. - Addressing questions about marrying after a prior divorce or annulment, or confirming the validity of foreign divorces. - Dealing with parental consent or court approval for minors wishing to marry. - Assisting in documenting and proving the validity of a marriage for immigration, property, or inheritance purposes. - Navigating complex family circumstances, such as guardianships, adoption, or step-parent rights. - Offering advice on marital property, tax consequences, and estate planning.

Local Laws Overview

Tennessee marriage laws set out specific requirements and procedures:

- Both parties must apply in person for a marriage license at a local county clerk's office and provide valid identification. - The minimum age to marry is 18. Individuals aged 16 and 17 may marry with parental consent. Marriage for those under 16 is not permitted. - Tennessee does not allow same-sex marriage to be restricted, following federal law. - There are prohibitions on marriage between close relatives, including siblings, parents and children, and some cousins. - Individuals may not marry if they are currently married to someone else. Proof of divorce or annulment may be required. - There is no mandatory waiting period or blood test required. - Only authorized officiants, such as ministers, priests, rabbis, or certain civil officials, may solemnize marriages. - Marriage licenses are valid for 30 days after issuance and must be returned to the issuing office for recording after the ceremony.

Frequently Asked Questions

What do I need to get a marriage license in Tennessee?

You will need government-issued photo identification such as a driver's license or passport, proof of age, and, if previously married, a final divorce decree or death certificate of the prior spouse. Both parties must appear together to apply.

Do I need to be a resident of Tennessee to get married there?

No, there is no residency requirement for marriage in Tennessee. Out-of-state and even international couples may marry in Tennessee.

How much does a marriage license cost in Tennessee?

The fee depends on the county, typically ranging from 90 to 100 dollars. Some counties offer a reduced fee if the couple completes a premarital counseling course.

Can minors marry in Tennessee?

Minors aged 16 or 17 may marry with parental consent. Those under 16 cannot legally marry in Tennessee.

Who can officiate a marriage in Tennessee?

Ordained or licensed ministers, rabbis, priests, and certain civil officials such as judges and county clerks can perform marriages. Online-ordained ministers may be accepted, but it is best to verify with the county clerk.

Is a blood test or waiting period required?

No, Tennessee does not require a blood test or waiting period for marriage.

Are same-sex marriages recognized?

Yes, Tennessee recognizes same-sex marriages in accordance with federal law.

Do I need a marriage license for a religious marriage ceremony?

Yes, regardless of whether your ceremony is religious or civil, a valid Tennessee marriage license is required for the marriage to be legally recognized.

What is a prenuptial agreement, and should I get one?

A prenuptial agreement is a contract made before marriage that can determine how property and debts will be divided if the marriage ends. It is especially helpful if one or both parties have significant assets, debts, children from previous relationships, or anticipate potential legal disputes.

How do I change my name after marriage in Tennessee?

After marriage, you may use your certified marriage certificate to update your name with the Social Security Administration, the Department of Motor Vehicles, banks, and other relevant institutions.

Additional Resources

- Tennessee Department of Health - Vital Records Office: Issues official marriage certificates. - Local County Clerk Offices: Handle marriage license applications and can answer specific local questions. - Tennessee Bar Association: Can help locate a family law attorney. - Legal Aid Society of Middle Tennessee and the Cumberlands: Offers free or low-cost legal advice to eligible individuals. - Tennessee State Courts: Offers information on marriage, divorce, and family law cases.

Next Steps

If you are considering marriage or have encountered a legal issue related to marriage in Tennessee, start by gathering your personal documents and reviewing the requirements outlined by your local county clerk. If you have complex circumstances such as previous marriages, significant assets, or concerns about your rights and obligations, consult with a licensed Tennessee family law attorney. Many attorneys offer initial consultations to answer your questions. If cost is a concern, seek assistance from a legal aid organization or local bar association referral service. Taking preliminary steps to understand your rights and responsibilities can prevent future misunderstandings and ensure your marriage is legally sound.