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Justice of the Peace Susan Z. Stamos
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Get Legal

Marriage Intention Instructions ~ Also Known As ~ Getting Your License to Marry

Here's the legal jargon:

All persons who wish to be married in Massachusetts must have a marriage license issued within the Commonwealth of Massachusetts. You may obtain your marriage license in any city or town of your choosing, regardless of where your wedding will take place or where you live.  Out-of -State marriage licenses cannot be used in Massachusetts.

The couple must apply in person for a marriage intention application.  This requirement applies to both residents and non-residents.  You must bring a government-issued photo ID with you, such as a drivers license, passport or military ID.  Federal Statutes requires the collection of Social Security Numbers (SSNs) at the time of application.

There is a three (3) day waiting period to receive your license.  The license is valid for sixty (60) days from the day you originally file and may be used in any city or town within the Commonwealth.  This license cannot be used outside of Massachusetts.  A waiver of the three (3) day waiting period can be applied for at the city or town clerk's office where you apply and then presented to a court of competent jurisdiction for approval.

Any person filing in Massachusetts who has been married and is divorced does not have to file divorce papers, but that individual's divorce must be final at the time of the application date.

When either person is under eighteen (18) years old, a court order must be obtained from the probate court or district court where the minor resides.  A parent must accompany the under age person along with the eligible person to the court prior to filing for the license.   For proof of age, a certified birth record or passport is required.

A Justice of the Peace may perform the ceremony.  A Justice of the Peace does not require witnesses to the ceremony. 

The person who performs the ceremony of marriage must sign the license and return it to the city or town where it was issued.

Here's my translation:

Pick the city or town where you want to get your marriage license.  Both of you must go to the Clerk's office, together, and bring your drivers license, passport or military ID and a check or cash.  (Marriage license fees vary from town to town.  You may call the Clerk's office before you go to check the fee and business hours.)  You do not need to get a blood test (that's an old requirement that no longer applies in Massachusetts) and you do not need anyone to "stand up" for you.

DO NOT wait until the last minute!  If something goes wrong (you never know) you'll be stuck because you cannot be legally married without the marriage license.  Even though you may apply at any time from 3 to 60 days before, I recommend applying for the marriage license 2 to 4 weeks in advance of your wedding date.

Bring a camera and have the clerk take your picture!  It's a nice moment to add to your wedding memory book!

After the wedding, I will sign the license and deliver it to the Clerk in the city or town where it was issued.  After the license is recorded, you may obtain a certified copy of the marriage license from that Clerk (and a fee might be charged for the certified copy -- you may check that with a phone call, too).  I suggest you get only one certified copy of the marriage license to start and make photocopies as needed.  Most entities that require proof of marriage (for example, to change your name on a credit card) will accept a photocopy of the certified license.  If you are changing your name, start by going to Social Security, with a certified copy of your marriage license, first!  You might want to check out this link which sets out the Social Security name change process:  https://faq.ssa.gov/link/portal/34011/34019/article/3749/how-do-i-change-or-correct-my-name-on-my-social-security-number-card.  Please feel free to let me know if you have any questions.​

Now, go forth and have a wonderful life together!

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