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 Mississippi?
In order to get married in Mississippi, you must first apply for a Mississippi marriage license at any clerk of the circuit court office.
Residency
Do I have to be a resident of Mississippi to apply?
There are no residency requirements. Mississippians and nonresidents are welcome to marry in the state.
Costs
How much is a marriage license?
A Mississippi marriage license costs between $20 and $23. The filing fee varies slightly from county to county.
Usage
Where can I use my marriage license?
Your Mississippi marriage license is valid for use anywhere in the state.
Can I use a marriage license from another state?
You may only get married in Mississippi with a Mississippi-issued marriage license.
Application
What information will I have to fill out?
The marriage license application will ask for the following:
- Name
- Birth surname
- Age and date of birth
- State or foreign country of birth
- Residential address
- Mailing address
- Gender
- Race
- Employer
- Occupation
- Marital history
- Total previous marriages
- How and when last marriage ended
- Highest education completed
- Elementary to college
- Social security number
- If you have one
- Will be kept confidential
- Will not appear on license or certificate
- Phone number
- Father's name and address
- Mother's full maiden name and address
- Guardians' or next of kins' names and addresses
- If there are no parents
- For applicants under 21 years of age
Attendance
What if I'm unable to apply in person?
You and your co-applicant must apply in person, together. Applying absentee is not an option.
What if I can't apply due to disability, imprisonment, or military duty?
Applying in person is mandatory. Exceptions are not made for the disabled, imprisoned, or deployed members of the armed forces.
Age Requirements
How old must I be to marry?
Aged 21 and over?
If you're at or above the age of 21—the age of majority in Mississippi—you do not need parental consent to marry.
Aged 20 and under?
Males aged 17 to 20 and females aged 15 to 20 can marry with their parents' or guardian's consent. Any younger requires court approval.
What are the parental consent rules?
Who grants consent?
Consent for underage marriage is granted by a guardian, custodial parents, sole custodial parent, or next of kin, in that order.
How must consent be granted?
Consent forms, available in the circuit clerk's office, can be completed by the consenting parent or guardian in person or by affidavit.
Must parentage or guardianship be proven?
Divorced or single parents must prove custody. Guardians must prove guardianship. Either must bring ID.
What are the court authorization requirements?
Which court must be petitioned?
Males under the age of 17 and females under the age of 15 must obtain a court order to marry from any Mississippi circuit, county, or chancery court.
Should I apply first or go to court first?
Underage applicants must obtain a court order before applying for a marriage license.
Is parental consent still required if going to court?
Parental consent to marry is mandatory for all underage applicants.
Waiting Period
When will I receive my marriage license?
The three-day waiting period to marry has been eradicated effective July 1, 2012 after passage of Senate Bill 2851.
Expiration
How long will my marriage license last?
Mississippi marriage licenses do not expire. Unused licenses will not be refunded.
Identification
What ID should I bring?
State-sanctioned ID includes a driver's license, military ID card or discharge papers, birth or baptismal certificate, school record, insurance certificate, or life insurance policy.
What if I have insufficient ID?
Circuit clerks can technically accept any legal document proving name and age, such as a passport.
Do I have to bring my birth certificate?
You do not need to bring your birth certificate. However, it can be used for ID.
Do I have to bring my social security card?
You do not need to bring your social security card. Just know your social security number.
Blood Test
Do I have to get a blood test?
You are no longer required to get a blood test for syphilis as of July 1, 2012 after Governor Phil Bryant signed Senate Bill 2851 into law.
Divorced
Must I show proof of divorce?
Some circuit clerks will ask for a certified copy of your divorce decree, especially if finalized within the past six months.
If recently divorced, do I have to wait to remarry?
There is no waiting period to remarry following a finalized divorce or annulment.
Widowed
Must I show proof of being widowed?
If widowed, some circuit clerks will request a certified copy of your late spouse's death certificate.
Name Change
How do I change my name after marriage?
A certified copy of your marriage certificate permits you to legally change your name after marriage. You may use an online name change application to help complete necessary paperwork.
Witnesses
Are witnesses required at my ceremony?
Witnesses are not required to attend your marriage ceremony.
The Ceremony
Who can perform my marriage?
You marriage can be solemnized by a judge, justice, or person authorized by a religious society, body, institution, or organization.
Can I get married in the circuit court clerk's office?
Although circuit court clerks do not solemnize marriages, they can likely refer you to a judge or justice who does.
License Return
When must my marriage license be returned?
Your completed marriage license must be returned to the issuing circuit court for recording within five days of marriage.
Marriage Certificate
How do I get a copy of my marriage certificate?
Ordering from the state?
Certified copies of birth, death, divorce, and marriage records are available at Mississippi's vital records office for $17. Additional copies are $6 each.
Ordering from the circuit clerk?
Circuit clerks sell certified copies of marriage certificates they recorded for $16 to 17. Birth, death, and divorce records are not offered.
Proxy Marriage
Can I get married by proxy?
Mississippi law does not allow marriage by proxy, phone, or intermediary.
Prohibited Marriage
Can I marry my first cousin?
You cannot marry a family member within two degrees of separation. This includes first cousins, stepparents, and stepsiblings.
Common-law Marriage
Can I establish a common-law marriage?
It hasn't been possible to establish a common-law marriage in Mississippi since April 5, 1956.
Would my out-of-state common-law marriage be recognized?
Mississippi does recognize common-law marriages lawfully established in other states.
We are looking for a person who can solemnize our marriage in the Biloxi/Gulport area. We need the names of some people or judges or whomever who could do this between the days of May 22nd and May 27th.
We will have a Mississippi marriage license that we will use after we get it there. We don't need a place so much as we need a person who can marry us.
Contact the Harrison County Circuit Clerk for a list of available judges. You may phone the Gulfport office at (228) 865-4051 or the Biloxi office at (228) 435-8233.
does mississippi reconzies same sex marriagre
Hi Alex. Same-sex marriage is legal and recognized in Mississippi.
We are looking for a person who can solemnize our marriage in Poplarville?
Hi Mary. If you need a civil ceremony performed, get in touch with the Pearl River County circuit clerk office. They may be able to refer you to a judge.
After the three day waiting period, do we have to go pick it up or can they mail us the marriage license? Also, can someone else drop the marriage license back off after we get married? Or can it be mailed back?
There is no longer a waiting period. It was eliminated in 2012.
Mississippi's vital statistics statutes says the person who performs your marriage ceremony must return your completed marriage license.
Is there a judge in Grenada County or a nearby county that will perform marriage ceremonyDor
Hi Doris. You'll have to contact the Grenada County clerk of the circuit court office for a referral or recommendation.
Do you have to apply for the license in your county of residence?
Hi Angela. You may apply in any county.
Can you get married the same day in Mississippi?
Hi Cynthia. You can get married the same day. There's no longer a waiting period.
We are looking for a person who can solemnize our marriage in the Southaven/Olive Branch area. The DeSoto county
Hi Jennifer. Consider calling your circuit clerk for a referral.
How would I go about getting married if neither set of parents lives in the state and I also have kids before 21? I will be 20 in 3 months.
Hi Koralin. When you say "neither set of parents lives in the state" are you referring to you (the parent) or your parents? If it's the prior, you needn't live in Mississippi to marry there. But you must still fulfill all requirements, as residents do. If it's the latter, your parent can provide consent from afar through an affidavit.
If I wish to marry in Mississippi, in Rankin County, does the clerk check for previous marriages and divorces, or do I have to show proof of divorce?
It's unlikely the circuit clerk would perform a check. However, if your divorce took place in the same county you're applying, the court clerk could have access to your divorce record. That doesn't mean they'll check for its existence though.
No, not in Rankin County. Just know the date of your divorce.
Can you apply to get married in the county you live in but get married in a different county?
Hi Will. Yes, your Mississippi marriage license is good for use throughout the state. Your county of residence isn't a factor.
Will there be someone at the courthouse in Holly Springs, MS that can?
Hi Debra. No, there's no one at the Holly Springs (in Marshall County) courthouse that'll perform your marriage. No judge, clerk, nothing. They don't provide referrals either. You'll have to find your own officiant or minister to solemnize your marriage.
Is there a specific county that issues same-sex licenses? I know many counties now refuse to issue any because that they're not allowed to refuse same-sex couples.
Hi John. Harrison County does.
Thank you so much!
Do you have to pay for the justice to solemnize a marriage? If so, around how much is it?
Yes, but it's up to the justice. The can officiate without charging a fee, but they'll likely charge.
That's up to your officiant. It's a paid service, so they can charge whatever they like. It's usually not much though. Around $30 or thereabouts.
Once a marriage license is returned after ceremony how long does it take to get an official copy of the marriage license?
If you order from the Mississippi State Department of Health (MSDH), it'll take 7 to 10 days. If you order it from the county that recorded your marriage, they should get it to you even faster.
Bri Hogge (Voter Registration Clerk of Forrest County at the Forrest County Circuit Clerk Office)
Forrest County Circuit Clerk's requirement for obtaining a marriage license is as follows:
I am 21 and my spouse is 20 and our wedding is 3 months from now. His mom lives in Texas and is unable to travel here to sign for him to marry me. What are our options?
Hi Kat. Parental consent needn't get granted in person. A notarized affidavit from afar would suffice.
If I applied for a marriage license in MS but a ceremony was never performed and no paperwork returned within the 5 days but we continued to live together do I need to do anything to cancel that application for marriage?
No, you can ignore it.
Is it possible to obtain a marriage license a month before our proposed wedding date that will be out of state? How is it possible to return it within the 5 day period?
Hi Deb. You can only obtain a Mississippi marriage license to marry in Mississippi.
I know there is a such thing as self-solemnizing. Does Mississippi recognize this if one of the marrying parties is an officiant (ordained).
Hi Michele. Mississippi doesn't allow self-solemnizing marriage ceremonies, even if one of the parties to the marriage is authorized to officiate marriages.
Hello, I will be on holiday in Pontotoc in summer. I am a German citizen and my fiancé is a US citizen and we will be there for 3 weeks. Can we marry during this time and what documentation would we need, me in particular? Many thanks 😊
Yes, bring government-issued photo ID. If divorced or widowed, bring proof of such.
Do I have to get court consent to marry my 18 year old bf at 15 in Mississippi?
Hi Raithe. Your boyfriend must get the court order, along with parental consent.
Do I have to get parental consent to marry a 19-year-old at 15?
Hi Aaliyah. Yes, parental consent is required.
Hi I was wondering if two females can get married in the Mississippi, one being a us citizen and one being a UK citizen in the US with a f-1 school visa.
Hi Samantha. Yes, that would work.
Hey I was wondering if we are both 19 do we have to have both of our parents consent or can just my widowed mom?
Hi Justin. You would need just your mom's consent and your proposed spouse would need their parents' consent as well.
If we come and get a marriage license, is it possible to get married the same day or with in a few days?
Hi Deb. Yes, you can get married the same day you apply for your marriage license in Mississippi.
Hi there. My fiancé is from England. Would we be able to get married with this application?
Hi Sydney. Yes, the marriage application process is the same for noncitizens.
Good evening, my name is Herbert. My fiancé and I want to know if we can apply online for our marriage license, what do we have to do?
Hi Herbert. Some circuit courts may provide online applications.
Hi! My ex-husband and I are going to remarry in Lincoln County. We intend to get our marriage license next week, probably Wednesday. After we fill out our license, is there anyone nearby that can be an officiant so that we can be married there, as well? Thank you so much for your time and attention.
Hi Debbie. You an ask the clerk of the circuit court for a referral list of officiants.
Why can't I apply online in Mississippi for my marriage paperwork?
Hi Conswello. You might be able to apply online. Which county do you plan to apply in?
Is a marriage license same as marriage certificate?
Hi Bianca. A marriage license and marriage certificate are not the same. The license allows you to get married. The certificate proves you are married.
My partner and myself would like to get married in Mississippi this year in June. It's just going to be the two of us, we are looking at Adams County. Is there such a place we could do this?
Hi Tracey. You can ask the Adams County circuit court clerk for a referral when you apply for your marriage license.