Relationship/Dating

The U.S. States Where You Can Legally Marry Without an Officiant

Houston Taabu
By Houston Taabu 6 min read

The post The U.S. States Where You Can Legally Marry Without an Officiant first appeared on Crafting Your Home.

 

For most couples, a wedding ceremony involves a third person: a judge, minister, clergy member, or another person legally authorized to solemnize marriages.

But that is not the only way to get married in the United States.

A small number of states allow couples to solemnize their own marriages, meaning they can legally marry without a traditional officiant. The rules vary considerably, however. In some places, virtually any couple can do it, while other states limit the option to particular religious traditions or circumstances.

This distinction matters because simply exchanging vows without an authorized process does not automatically create a legal marriage.

Here are the states and jurisdictions that recognize some form of marriage without a traditional officiant.

Colorado

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State law specifically lists the parties to the marriage among the people who may solemnize a marriage. That means a couple can conduct its own ceremony without a judge, minister, or other third-party officiant presiding.

Colorado law also provides that when no individual acting alone solemnizes the marriage, a party to the marriage can complete the marriage certificate and return it to the county clerk and recorder within 63 days.

For couples who want a private or highly personalized ceremony, this can make Colorado an unusual option.

Pennsylvania

Pennsylvania has a long-standing form of marriage known as a self-uniting marriage.

State law provides a process for couples who intend to solemnize their marriage through a religious ceremony without an officiating clergy member. The state’s marriage statutes include a specific section covering situations in which the parties perform the ceremony themselves.

Unlike Colorado, Pennsylvania’s process involves additional paperwork and witnesses. Couples should therefore request the appropriate self-uniting marriage paperwork rather than assuming a standard marriage license lets them skip the officiant.

Wisconsin

Wisconsin law permits the two people getting married to solemnize their own marriage under certain circumstances.

The provision applies when the marriage is conducted according to the customs, rules, and regulations of a religious society, denomination, or sect to which one party belongs.

That means Wisconsin’s rule is not an unrestricted option for every couple. The religious-custom requirement is an important part of the state’s legal framework.

Illinois

Illinois also recognizes marriages conducted according to the prescriptions of religious denominations, Indian Nations or Tribes, or Native Groups.

The state’s marriage statute specifically addresses situations in which no individual acting alone solemnized the marriage. In that situation, both parties complete the marriage certificate and send it to the county clerk within 10 days.

So Illinois can allow a marriage without a conventional officiant, but the circumstances matter. The law does not mean every couple can disregard the normal solemnization requirements.

California

California provides a non-clergy marriage option for certain couples.

The option applies to religious denominations without clergy to solemnize marriages. It should therefore not be treated as blanket permission for every couple in the state to marry themselves.

California also has specific requirements concerning the marriage license and witnesses, so couples considering this route should confirm the current requirements with the county clerk or recorder handling their license.

Kansas

Kansas law expressly provides that a couple may marry without an authorized officiating person when the marriage follows the customs, rules, and regulations of a religious society, denomination, or sect to which either party belongs.

The state’s current statute says the two parties may marry themselves through mutual declarations under those circumstances.

In other words, Kansas recognizes self-solemnization, but its statute ties that option to religious practice rather than making it universally available.

Maine

Maine recognizes marriages conducted according to the practices of Quakers, also known as Friends, as well as marriages among members of the Bahá’í faith conducted according to Bahá’í rules and principles.

The state’s statute specifically provides that these marriages are valid.

This is therefore a religiously specific exception, not a general self-solemnization option open to every couple.

Nevada

Nevada is sometimes included on lists of places where couples can marry without an officiant, but the distinction is important.

Nevada law generally requires an authorized person to solemnize a marriage. However, it separately recognizes marriages among Friends or Quakers conducted in the forms traditionally practiced in their meetings.

So Nevada should not be described as a state where any couple can conduct its own wedding without an officiant.

What About Washington, D.C.?

Washington, D.C., is not a state, but it is another U.S. jurisdiction where couples can choose to officiate their own marriage.

The District’s marriage application explicitly includes an option for the parties to officiate the ceremony themselves.

That makes D.C. relevant to any broader list of U.S. jurisdictions permitting self-officiated marriages, even though it should not technically be counted as a state.

What Does “Marrying Without an Officiant” Actually Mean?

Self-solemnization does not mean that a couple can decide privately that they are married and ignore the legal paperwork.

The couple generally still has to obtain a valid marriage license and comply with the requirements of the jurisdiction where the marriage takes place. Depending on the location, requirements may also include witnesses, religious affiliation, specific forms, or filing deadlines.

The biggest difference is that the couple performs the legal solemnization rather than having someone else do it.

The Rules Can Be Very Different From State to State

The phrase “marry without an officiant” makes the process sound more uniform than it really is.

Colorado and Washington, D.C., provide broad self-officiation options. Pennsylvania has a specific self-uniting marriage process. Other states recognize self-solemnization primarily through particular religious or cultural practices.

That means couples should check the exact law and requirements of the county where they plan to obtain their marriage license before making ceremony arrangements.

A beautiful ceremony is still only part of getting legally married. Paperwork and solemnization requirements determine whether the marriage is legally recognized.

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