Idaho Wedding Laws
Few other places in the U.S. make for a more majestic and beautiful wedding setting than Idaho. After all, the Gem State has soaring mountain peaks, lush valleys and quaint towns. The exciting city of Boise may also give a marrying couple access to fine-dining restaurants, craft microbreweries and one-of-a-kind wedding venues. Before choosing to marry in Idaho or officiate a wedding there, couples and ministers must understand Idaho's unique marriage laws. This detailed guide provides insight into the requirements for the minister, the couple and the marriage license. Continue reading to be sure you do not miss an important detail about your upcoming special day.
Idaho Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
Idaho was the home to the largest diamond ever found in the U.S. Even if the wedding band has a smaller stone, a person must be at least 18 to marry in Idaho. For 16- and 17-year-olds, marriage is possible with the written consent of a parent or legal guardian.
Anyone under 16 must receive special permission from a court in Idaho to marry there. Before a court gives permission, a physician must certify the minor is sufficiently physically and mentally mature for marriage. A parent or guardian must also sign off on the marriage for minors under the age of 16.
Idaho does not allow close relatives to marry. Unions between parents and children, siblings, ancestors and descendants of every degree, grandparents and grandchildren and uncles, aunts, nephews and nieces are off-limits.
Like with all other states, Idaho welcomes same-sex couples to marry. Therefore, regardless of a person's sexual orientation or gender identity, obtaining a marriage license is typically possible.
Idaho Code Ann. § 32-302. PERSONS WHO MAY MARRY.
Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. Provided that if the male party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, or if the female party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, the license shall not be issued except upon the consent in writing duly acknowledged and sworn to by the father, mother or guardian of any such person if there be either, and provided further, that no such license may be issued, if the male be under eighteen (18) years of age and the female under eighteen (18) years of age, unless each party to the contract submits to the county recorder his or her original birth certificate, or certified copy thereof or other proof of age acceptable to the county recorder. Provided further, that where the female is under the age of sixteen (16), or the male is under the age of sixteen (16), the license shall not issue except upon the consent in writing duly acknowledged or sworn to by the father, mother or guardian of such person if there be any such, and upon order of the court. Such order shall be secured upon petition of any interested party which petition shall show that the female minor under the age of sixteen (16), or the male minor under the age of sixteen (16), is physically and/or mentally so far developed as to assume full marital and parental duties, and/or that it is to the best interest of society that the marriage be permitted. A hearing shall be had on such petition forthwith or at such time and upon such notice as the court may designate. The judge shall secure from a physician his opinion as an expert as to whether said person is sufficiently developed mentally and physically to assume full marital duties. If said court is satisfied from the evidence that such person is capable of assuming full marital duties and/or that it is to the best interest of society, said court shall make an order to that effect, and a certified copy of said order shall be filed with the county recorder preliminary to the issuance of a marriage license for the marriage of such person and said order of the court shall be the authority for the county recorder to issue such license.
Idaho Code Ann. § 32-205. INCESTUOUS MARRIAGES. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half (1/2) as well as the whole blood, and between uncles and nieces, or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.
How to Get an Idaho Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Idaho
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued ID
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
Before marrying in Idaho, a couple must obtain a marriage license from a county recorder. The cost for the application is usually about $30, although it may be higher if the couple applies for a marriage license on Sunday.
To apply for a marriage license, the couple must appear in person at a county recorder's office. Each county recorder has an application for couples to complete. Doing so requires providing each person's social security number and other details. If a member of the couple does not have a social security number, providing a sworn explanation is necessary.
When applying for a marriage license, the couple must present a passport, driver's license or another acceptable form of government-issued identification. The county recorder may require proof of previous divorces or ask for witness affidavits to explain missing information or other details.
Idaho Code Ann. § 32-403. APPLICATION FOR AND ISSUANCE OF LICENSE. (1) Every county recorder who shall have personal knowledge of the competency of the parties for whose marriage a license is applied for, shall issue such license upon payment or tender to him of his legal fee therefor; and if such recorder does not know of his own knowledge that the parties are competent under the laws of the state to contract matrimony, he shall take the affidavit in writing of the person or persons applying for such license, and of other persons as he may see proper, and of any persons whose testimony may be offered; and if it appears from the affidavit so taken that the parties for whose marriage the license in question is demanded are legally competent to marry, the recorder shall issue such license, and the affidavits so taken shall be his warrant against any fine or forfeiture for issuing such license. Provided, however, that in the event either of the parties for whose marriage the license in question is applied for is under the age of eighteen (18) years, the recorder shall not issue such license except upon compliance with the consent and proof of age requirements set forth in section 32-202, Idaho Code.
(2) Every application for a marriage license shall include the social security numbers of the parties applying for the license.
(a) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
Applying For a Marriage License in Idaho
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- Does Not Expire
- License Must Be Submitted:
- Within 30 Days of Ceremony
Regardless of which country recorder issues the marriage license, it is valid in all places in Idaho. Marriage licenses in the Gem State do not expire, giving couples broad flexibility to schedule their wedding dates at their convenience. There is a major exception to this rule, however.
If the wedding ceremony takes place more than one year after the issuance of the marriage license and attached certificate, the couple must notify the Idaho Bureau of Vital Health and Statistics before holding the marriage ceremony.
Once the ceremony is finished, the officiant must return the completed marriage certificate and original marriage license to the country recorder who issued it. The officiant only has 30 days to do so. Otherwise, the couple may have to pay a $50 fine and possibly face misdemeanor charges.
Idaho Code Ann. § 32-402. Certificate and return. The form of certificate annexed to said license, and therein referred to, shall be as follows:
I,…., a…., residing at…., in the county of…., in the state of Idaho, do certify that, in accordance with the authority on me conferred by the above license, I did on this…. day of…., in the year…., at…., in the county of…., in the state of Idaho, solemnize the rights of matrimony between…., of…., in the county of…., of the state of…., and…., of…., of the county of…., of the state of…., in the presence of…. and…..
Witness my hand and seal at the county aforesaid, this…. day of….,…..
In the presence of….. .... [Seal]
….
The license and certificate, duly executed by the minister or officer who shall have solemnized the marriage authorized, shall be returned by him to the office of the recorder who issued the same, within thirty (30) days from the date of solemnizing the marriage therein authorized; and a neglect to make such return shall be deemed a misdemeanor, and the person whose duty it shall be to make such return, who shall neglect to make such return within the time above specified, shall, upon conviction thereof, be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) to be assessed by any court having jurisdiction.
How to Become a Wedding Officiant in Idaho
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
To solemnize a marriage in Idaho, a person must be at least 18. Also, Idaho law only allows the following individuals to perform matrimonial ceremonies: current and retired justices of the state supreme court, judges of the court of appeals and judges of the district court; current and former governors; current lieutenant governors and mayors; current federal or tribal judges; approved tribal officials and all priests or ministers of the gospel of any denomination.
Ministers with ordination from the United Life Church fall into the last category, as they qualify as religious actors under state law. This is true regardless of the minister's personal or religious beliefs or gender. Still, a county recorder may ask for ordination credentials or letters of good standing when the minister returns the completed marriage certificate and license.
32-401. Marriage license — Contents. The county recorder of any county in this state shall have authority to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which licenses shall be substantially in the following form:
Know all men by this certificate that any regularly ordained minister of the gospel, authorized by the rites and usages of the church or denomination or religious body of which he may be a member, or any judge or competent officer to whom this may come, he not knowing of any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between…., of…. of the county of…., and the state of…., and…., of…. of the county of…., state of…., and to certify the same to said parties, or either of them, under his hand and seal, in his ministerial or official capacity, and thereupon he is required to return his certificate in form following as hereto annexed.
In testimony whereof I have hereunto set my hand and affixed the seal of said county, at…., this…. day of….,…..
.... Recorder.
Idaho Code Ann. § 32-303. BY WHOM SOLEMNIZED. Marriage may be solemnized by any of the following Idaho officials: a current or retired justice of the supreme court, a current or retired court of appeals judge, a current or retired district judge, the current or a former governor, the current lieutenant governor, a current or retired magistrate of the district court, a current mayor or by any of the following: a current federal judge, a current tribal judge of an Idaho Indian tribe or other tribal official approved by an official act of an Idaho Indian tribe or priest or minister of the gospel of any denomination. To be a retired justice of the supreme court, court of appeals judge, district judge or magistrate judge of the district court, for the purpose of solemnizing marriages, a person shall have served in one (1) of those offices and shall be receiving a retirement benefit from either the judges retirement system or the public employee retirement system for service in the Idaho judiciary.
Getting Married in Idaho
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Because Idaho does not expressly state how marriage ceremonies must unfold, couples are free to create the ceremony they want. Still, the officiant must ensure each member of the couple takes a solemn oath to enter into marriage, and pronounce them as wed. Witnesses are not necessary for solemnizing a marriage in the Gem State, so technically only the officiant and couple must be present at the ceremony.
32-304. Form of ceremony. No particular form for the ceremony of marriage is required, but the parties must declare, in the presence of the person solemnizing the marriage that they take each other as husband and wife.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
The person who conducts the wedding ceremony has the legal obligation to complete the marriage certificate that accompanies the original marriage license. When doing so, officiants must provide their names and personal addresses. They must also note the date and location of the marriage ceremony and provide the names of each member of the couple.
After ministers have completed and signed the relevant documents, Idaho law requires them to return the completed certificate and original license to the county recorder who issued them within 30 days of the ceremony. Missing this deadline may be a misdemeanor that results in a fine of up to $50.