Marriage Waiting Period: Rules Before and After the License
A marriage waiting period is the time a couple must wait between the issue of a marriage license and the ceremony. Whether one applies, and how long it lasts, depends on the state.
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Examples from two states
| State | Waiting period | Notable exceptions |
|---|---|---|
| Texas | 72 hours after the license is issued | Active-duty military, certain Department of Defense employees, a judge's written waiver, or a premarital education course certificate dated within one year |
| New York | 24 hours after the license is issued | A waiver by a judge or justice of the Supreme Court, or the county judge where either party lives |
In Texas, a judge who finds good cause must sign a waiver when asked. Both summaries come from the sources linked below; the Texas text is a FindLaw reproduction, which notes it may not reflect the latest version of the law.
Other waiting periods
Do not confuse this with the waiting period in a divorce, which is a separate rule that can affect when someone may remarry. See the entries on divorce for that.
Rules vary by state. Ask the county clerk where you plan to apply.
Frequently asked questions
Does the waiting period start when I apply or when the license is issued?
In both Texas and New York the period runs from when the license is issued, not from the application.
Can the waiting period be waived?
Often yes. Texas and New York both allow a judicial waiver, and Texas lists other exceptions.
Is a marriage valid if the ceremony happens too soon?
Check with the issuing clerk or a lawyer. The effect depends on state law, and this page is not legal advice.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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Related guides
It depends on the state.
A marriage license is the document that gives you legal permission to marry.
