Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get married in Idaho?
In order to get married in Idaho, you must first apply for a marriage license at any Idaho county recorder's office.
Are you sure I shouldn't go to the county clerk?
Some county recorders are also county clerks, auditors, etc. Issuing of marriage licenses falls under the purview of county recorders.
Are there special requirements for residents or nonresidents?
Your residency has no affect on the application process. You do not have to be a resident to marry in Idaho.
How much does a marriage license cost?
An Idaho marriage license costs between $28 and $31. The fee varies across counties.
Does the marriage license come with a marriage certificate?
Since a certified copy of your marriage certificate is just $2, some county recorders couple it onto the marriage license fee.
Where can I use my marriage license?
Your Idaho marriage license can be used in all 44 Idaho counties. It cannot be used in another state or country.
Can I get married in Idaho using another state's marriage license?
You may only get married in Idaho using an Idaho-issued marriage license.
What information will I have to fill out?
The marriage license application requires your name, gender, birthdate, birthplace, residence, race, and social security number.
What if I don't have a social security number?
If you've never been assigned a social security number, obtain a verification letter from the Social Security Administration.
What if I'm unable to apply in person?
If you cannot apply in person, you cannot get a marriage license. Attendance is mandatory.
Can we apply separately or on separate days?
You must apply for a marriage license together, as a couple. The county recorder will not hold an incomplete application in reserve.
How old do I have to be to get married?
Aged 18 and over?
If you're at least 18 years old and mentally competent, you can marry without parental consent.
Aged 16 and 17?
If you're 16 or 17 years old, you can marry with the consent of a parent or guardian.
Aged 15 and under?
If you're 15 years old or younger, you can marry with a court order and consent from a parent or guardian.
What are the parental consent requirements?
Which parent grants consent?
Either parent (even noncustodial) may grant consent for their minor child to marry.
How must parental consent be proven?
Consenting parents or guardians must complete an "affidavit of consent" in person or have it notarized.
Is consent required if I've been married before?
If you're underage and have been married before, you can remarry without parental consent or a judge's permission.
Can the consenting parent or guardian come in separately?
Consenting parents and guardians can arrive separately to have the county recorder notarize the consent form.
What are the court petition requirements?
Who files the petition?
You, a parent, a guardian, or other interested party may petition the magistrate court.
What's the court petition process?
Court petition first, then a scheduled hearing, mental and physical exam, and judge's ruling.
Do I petition the court first or apply for a license first?
Obtain your certified court order before applying for a marriage license?
When will I receive my marriage license?
You will get your marriage license immediately after your application is processed.
How soon can I marry after getting my marriage license?
You can get married the same day your marriage license is issued.
How long will I have to use my marriage license?
Idaho marriage licenses do not expire after issuance.
Can I get my money back for an unused marriage license?
Marriage licenses are nonrefundable. As a courtesy, notify Idaho vital records of an unused license more than one year old.
What ID must I bring?
Bring age-confirming ID, such as an original or certified copy of your birth certificate, driver's license, state-issued ID card, or passport.
Do I have to show my birth certificate?
If you're below the age of 18, most county recorders will ask to see an original or certified copy of your birth certificate.
Do I have to show my social security card?
The county recorder will not ask to see your social security card.
Must consenting parents and guardians show ID?
Consenting parents and guardians must have photo ID. Guardians must present a certified copy of appointment of guardianship.
Are there special ID requirements for non-U.S. Citizens?
If you're a not a U.S. citizen, your identification must originate from a foreign government.
Do I have to obtain a blood test?
You do not have to get a premarital blood test. However, you must read and sign an educational pamphlet on AIDS.
Do I have to verify my divorce?
If you're divorced, you do not have to bring your divorce decree.
Is there a wait time between divorce and remarriage?
There is no waiting period between a finalized divorce and when you can remarry.
Do I have to prove that I've been widowed?
If you're a widow or widower, you do not have to bring a death certificate.
How do I change my name because of marriage?
Your marriage certificate serves as legal proof of marriage. Use it to change your name online or in person.
Are witnesses required at my marriage ceremony?
Witnesses are not required at your marriage ceremony. However, two witnesses may sign your marriage license.
Who can perform our marriage?
Your marriage may be solemnized by a judge, justice, magistrate, tribal official, or authorized minister or official of any religious body.
Can we perform our own marriage ceremony?
You and your partner cannot self-solemnize your marriage ceremony. A third-party officiant must commemorate.
Can we get married in the county recorder's office?
County recorders do not perform civil ceremonies. Request a list of available judges when applying.
When must my marriage license be returned?
Your officiant must return the marriage license to the issuing county recorder for recording within 30 days after marriage.
How do I get a copy of my marriage certificate?
Ordering from the state?
You can order certified vital records (i.e., birth, death, marriage, divorce) from Idaho's vital records office for $16 per copy.
Ordering from the county recorder?
You can order a certified copy of your marriage certificate for $2 from the county recorder that issued it.
Can I carry out a proxy marriage ceremony?
You cannot get married by proxy in Idaho. Your presence at the ceremony is mandated by law.
Am I allowed to marry my cousin?
Marriage among first cousins is explicitly banned in Idaho law.
Am I allowed to marry any family member?
You cannot marry an ascendant or descendant of any degree, sibling, half-sibling, aunt, uncle, niece, nephew, or first cousin.
Will my out-of-state marriage be recognized in Idaho?
Out-of-state and foreign marriages are recognized in Idaho, assuming they could have been lawfully established in Idaho.
Can I enter into a common-law marriage?
Idaho abolished common-law marriage effective January 1, 1996. Common-law marriages established before January 1, 1996 are still recognized.