Alabama Wedding Laws
It is not uncommon for marriage laws to vary from state to state. In most cases, the variations are minimal, but sometimes they are significant. When applying to wed in Alabama, it is vital to understand the rules governing marriage to ensure a legal ceremony. The following guide details all pertinent information for interested couples or ministers for weddings in the great state of Alabama.
Getting Married in Alabama
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- No
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- Not Applicable
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- No
The adoption of the new marriage law in Alabama makes the wedding process incredibly simple and customizable. A ceremony no longer must contain specific wording to make the marriage legally binding. A couple now has complete autonomy over the entire ceremony, meaning they can design it around specific preferences and interests. The only requirements are for the form, not the ceremony.
Both parties must fill out the form, and each must provide their Social Security numbers for verification. The document must also be notarized before being delivered to the probate court of the couple’s choosing. The couple can handdeliver the form or mail it as long as it reaches the court within the 30-day window.
Alabama Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
While no state likes to get in the way of love, there are age requirements, which are vital to protecting all individuals entering into such arrangements. Alabama allows anyone 18 or older to marry. Some exceptions can be made for those who are 16 or older with a parent or guardian’s consent, but no exceptions will be made for individuals younger than 16.
As with the entire US, Alabama honors marriage equality, permitting the marriage of same-sex couples. Additionally, there are no residency requirements with the state, meaning neither party must reside in Alabama to be married there. Each person can live in another state or country.
Ala. Code § 30-1-4
Minimum age for contracting marriage.
A person under the age of 16 years is incapable of contracting marriage.
(Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)
Ala. Code § 30-1-5
Consent of parents and bond required for marriage of certain minors.
If the person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the judge of probate shall require the consent of the parents or guardians of the minor to the marriage, to be given either personally or in writing, and, if the latter, the execution thereof shall be proved. The judge of probate shall also require a bond to be executed in the penal sum of two hundred dollars ($200), payable to the State of Alabama, with condition to be void if there is no lawful cause why such marriage should not be celebrated.
(Code 1852, §1950; Code 1867, §2339; Code 1876, §2678; Code 1886, §2315; Code 1896, §2845; Code 1907, §4885; Code 1923, §8999; Code 1940, T. 34, §10; Act 2003-150, p. 454, §1.)
Ala. Code § 13A-13-3
Incest.
(a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:
(1) His ancestor or descendant by blood or adoption; or
(2) His brother or sister of the whole or half-blood or by adoption; or
(3) His stepchild or stepparent, while the marriage creating the relationship exists; or
(4) His aunt, uncle, nephew or niece of the whole or half-blood.
(b) A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.
(c) Incest is a Class C felony.
How to Become a Wedding Officiant in Alabama
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Probate Court
- Latest Document(s) Submission Date Allowed:
- Not Applicable
- Minister I.D. # Issued:
- No
Unlike many other states, Alabama does not require the registration of a minister performing a wedding ceremony. The state also provides no rules about the minister's residency, religious affiliation, or age. In fact, as a ceremony is not pertinent to a legal marriage, the state does not get overly involved in the process.
The officiant might want to help with the marriage form to ensure the couple fills it out after the ceremony free of errors. He or she might also want to help facilitate the notarization and filing or mailing of the document as well. While no explicit laws require the registration of ministers for wedding services in Alabama, many ministers prefer to have official ordination credentials on file if asked.
Applying For a Marriage License in Alabama
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- Does Not Expire
- License Must Be Submitted:
- Within 30 Days of Signing
Because of the changes to the marriage process in Alabama, a couple is no longer required to have a ceremony, religious or otherwise. There are also no longer any requirements for registration when choosing a minister if the couple should decide they want a minister or officiant.
The flexibility does not stop there. Because a couple does not have to wait for a marriage license and can simply print out a marriage form, there is no waiting period for when the marriage can occur. If so desired, a couple can print the form and fill it out on the same day.
The only requirement is that the document be notarized and recorded by an Alabama probate court within 30 days of the last spousal signature. While most people will sign on the same day, the timeline starts after the latter signature if one spouse signs after the other. If a couple fails to file the form within the 30-day window, they will need to fill out another.
How to Get an Alabama Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Alabama
- Marriage License Pick-Up:
- Digital
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Social Security Number
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
While many states require couples to apply for a marriage license before a ceremony can occur, Alabama recently changed its laws to make the process easier and more straightforward. With the newly installed changes, a couple does not need to request or apply for a marriage license; they only need to visit the Alabama Department of Health’s website and print out a copy of the Alabama Marriage Certificate.
The new law also makes wedding ceremonies optional. The only requirement is for the form to be filled out and notarized and recorded in an Alabama probate court. However, there is still a timeline regarding the validity of the form. The probate court has to receive the final signed document within 30 days of its signing.
When the form is complete and notarized, the couple can have the document recorded at any Alabama county probate court. The fees for recording the marriage form will vary based on the probate court chosen, as each site sets its own rates.
Finally, while blood tests were a requirement at one time, they are no longer necessary. A couple can marry without the dread of a needle poke.
Ala. Code § 30-1-9.1 Requirements for marriage; validity; construction with other laws.
(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed as provided in that section.
(b) The marriage document required to be executed by the parties shall contain information to identify the parties as set forth in Section 22-9A-6, as well as the following minimum information:
(1) The full legal names of both of the parties.
(2) A notarized affidavit from each party declaring all of the following:
a. The affiant is not currently married.
b. 1. The affiant is at least 18 years of age; or
- The affiant is at least 16 and under 18 years of age and has the consent of a parent or guardian.
c. The affiant is legally competent to enter into a marriage.
d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3.
e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence.
(3) The signatures of the parties.
(c) A marriage conforming to the requirements of this section shall be valid on the date the marriage is executed by both parties, provided the affidavits, forms, and data are recorded in the office of the judge of probate within 30 days of the date of the last party's signature in accordance with Section 22-9A-17.
(d) A civil and independent or religious ceremony of marriage, celebration of marriage, solemnization of marriage, or any other officiation, or administration of the vows of marriage may be conducted or engaged in by the parties by an officiant or other presiding person to be selected by the persons entering into the marriage. The state shall have no requirement for any ceremony or proceeding and whether or not a ceremony or proceeding is performed or not performed shall have no legal effect on the validity of the marriage.
(e) The affidavits, forms, and data shall be filed in the office of the judge of probate and shall constitute a legal record of the marriage of the parties. A copy of the form provided by the Office of Vital Statistics shall be transmitted by the office of the judge of probate to the Office of Vital Statistics and made a part of its record.
(f) This section shall not affect any other legal aspects of marriage in this state, including, but not limited to, divorce, spousal support, child custody, or child support.
(g) All requirements to obtain a marriage license by the State of Alabama are abolished and repealed. The requirement of a ceremony of marriage to solemnize the marriage is abolished.
(h) The Alabama Law Institute, a division of the Legislative Services Agency, in collaboration with the Department of Public Health, shall prepare a form to meet the minimum requirements of Act 2019-340.
Ala. Code § 12-19-90 Judge of probate – Schedule of fees.
(b) Fees for services other than those specified in subsection (a) shall be:
(32) Issuing and recording marriage license ..... 10.00
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Beyond having both signatures of the couple, the date, and their SSNs, the marriage form must be notarized to be legally binding. The couple must locate a notary public for the state of Alabama who will sign and notarize the document. While many people will not know where to look for such an individual, you can find a complete list of all licensed notaries with the Alabama Secretary of State’s office. Many notaries are also available at local bank branches.
Once notarized, the couple can mail or take the marriage form to any Alabama probate court for filing. If choosing to mail the document, make sure it will arrive within the 30-day window.
While there are no residency requirements for the couple and it doesn’t matter where the wedding physically takes place, the form must be received and filed in an Alabama probate court. Before filing the document, however, the couple might want to research the fees associated with each court because the costs will vary from location to location.
Despite there being no legal requirement for minister registration, it is still wise to have a copy of any official ordination credentials in case questions arise. It is also strongly recommended that ministers, especially those paid for their service, keep personal records for all ceremonies they perform.
§30-1-12.
The judge of probate must keep a book, in which shall be registered all marriages filed in the office. The judge of probate shall record, in a permanent record, all marriages presented to the probate court and shall forward the original documentation to the Office of Vital Statistics in accordance with Section 22-9A-17.