Tennessee Wedding Laws
Tennessee is known for the natural wonders of the Great Smoky Mountains National Park and the dazzling country music scenes in the cities of Nashville and Memphis. Whatever attracts you to hold your wedding in the Volunteer State, you do have to comply with the requirements imposed by its marriage laws. Here is a step-by-step guide to ensuring your Tennessee marriage is legally binding.
Getting Married in Tennessee
- 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
During the ceremony, the couple must give verbal consent to marry one another and accept each other as wedded spouses. The minister presiding over the ceremony must then pronounce the couple as married. There are no additional witnesses to the ceremony required, nor any mandated order that the ceremony has to follow to be considered legitimate. These can therefore be arranged according to the individual needs and desires of the couple.
§ 36-3-302
No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife.
Tennessee 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
The state of Tennessee recognizes same-sex marriages and welcomes residents and non-residents alike to hold their weddings here. However, it does not allow marriages between any blood relatives more closely related than second cousins.
If you and your prospective spouse meet these requirements and are over the age of 18, you should not run into any legal difficulties in obtaining your marriage license. However, minors under the age of 16 cannot be issued a marriage license without the approval of the Juvenile Court. Minors between the ages of 16 and 18 must observe a waiting period of three days after obtaining signatures consenting to the marriage from two separate legal guardians.
§ 36-3-104
(a) No county clerk or deputy clerk shall issue a marriage license until the applicants make an application in writing, stating the names, ages, addresses and social security numbers of both the proposed male and female contracting parties and the names and addresses of the parents, guardian or next of kin of both parties. The application shall be sworn to by both applicants. Should either individual be incarcerated, the inmate shall not be made to appear but shall submit a notarized statement containing the name, age, current address and a name and address of the individual's parents, guardian or next of kin. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the person's name, age, current address and the names and address of the parents, guardian or next of kin. (b) (1) If either applicant is under eighteen (18) years of age, the application shall remain on file, open to the public, in the office of the county clerk for three (3) full days before issuance of the license. No waiting period shall apply if both parents, the guardian or the next of kin of any minor applicant join in the application. No waiting period shall apply if both applicants are eighteen (18) years of age or over. (2) If either applicant is under eighteen (18) years of age, immediately upon filing of the application, the county clerk shall cause to be sent by registered mail to the parents, guardian or next of kin of any minor applicant, a notice of the application. The provisions of this subdivision (b)(2) shall not apply if both parents, the guardian or the next of kin of any minor applicant join in the application. (3) The parents, guardian or next of kin of an applicant may join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.
How to Become a Wedding Officiant in Tennessee
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Proof of Ordination
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- Before Ceremony
- Minister I.D. # Issued:
- No
The question of whether ministers ordained online are eligible to officiate weddings in Tennessee was settled by a recent lawsuit in our favor. Universal Life Church ministers should now feel free to solemnize weddings across the state If you encounter any issues with any county clerks, please do contact our office immediately for further assistance. Ministers of Universal Life Church wishing to obtain proof of their ordination may be interested in the Classic Wedding Package because this contains the ministerial license that they are looking for.
Otherwise, there is a long and detailed list of civil and religious officials who are allowed to preside over wedding ceremonies in Tennessee. Elected officials, from the governor to the speaker of the senate or house to a local mayor, all have the authority as long as they haven't been removed from office or convicted of a felony. Other civil officials so authorized include chancellors and judges. All of these officials retain the authority after their retirement.
As for the religious side, Tennessee recognizes the authority of any spiritual leader who has the "care of souls" to solemnize a wedding. Specific examples include pastors, ministers, priests, rabbis, and preachers.
§ 36-3-301
(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, the county clerk of each county and the mayor of any municipality in the state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates and United States bankruptcy judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. (3) If any marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before June 1, 1999, such marriage shall not be invalid because the requirements of the preceding subdivision (2) have not been met. (b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization. (c) Any gratuity received by a county mayor, county clerk or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, shall be retained by such person as personal renumeration for such services, in addition to any other sources of compensation such person might receive, and such gratuity shall not be paid into the county general fund or the treasury of such municipality. (d) If any marriage has been entered into by license regularly issued at which a county executive officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (e) For the purposes of this section, ?retired judges of this state? is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. (f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state. (h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state. (i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to the provisions of subsection (a), may solemnize the rite of matrimony in any county of this state. (j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state.
Applying For a Marriage License in Tennessee
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 30 Days
- License Must Be Submitted:
- Within 3 Days of Ceremony
The wedding ceremony must take place within 30 days of the license's issuance because that is the period for which it is valid. When you receive the license, you must then present it to the officiant who will be performing the ceremony. It will then be his or her responsibility to return it to the issuing county clerk within three days of the ceremony.
§ 36-3-103
(a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
How to Get a Tennessee Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Tennessee
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
The state of Tennessee does not require you to undergo premarital counseling before issuing you a marriage license. However, if you can provide proof that you have already undergone it, the fee to obtain your license is reduced by $60. This can be significant because the ordinary licensing fee varies by county but can range from $90 to $110 without the discount.
The application for a Tennessee marriage license requires you to provide information such as your Social Security numbers, names, addresses, and ages on the form and then swear to the accuracy of the information. If either of you has been married before, proof of divorce is required. You are ordinarily required to apply in person before a county clerk. However, with a notarized statement, you may be exempted from this requirement if either you or your future spouse has a disability that prevents this or is incarcerated.
You will be required to verify your Social Security number if you get your license in the city of Nashville.
Tenn. Code Ann. 36-3-104(a) No county clerk nor deputy clerk shall issue a marriage license until the applicants make an application in writing, stating the names, ages, addresses and social security numbers of both the proposed male and female contracting parties and the names and addresses of the parents, guardian or next of kin of both parties.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
After the ceremony, the minister who performed the wedding has three days to fill out the marriage license and return it to the county clerk's office that issued it. The minister could face Class C misdemeanor charges if he or she fails to do so. The minister must sign the license and fill out the requested information. In addition to identifying himself or herself and the body that granted him or her the authority to preside over weddings, the minister must list the time of the ceremony on the license.
§ 36-3-303
(a) One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor. (b) The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.
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