Yes, you can get married at a courthouse in Alabama. Many county probate courts will perform a short ceremony by appointment, usually for a small fee on top of the filing cost. What actually makes you legally married in Alabama, though, is not the ceremony. It’s a notarized Marriage Certificate form filed with any county probate court within 30 days of signing. The ceremony is optional; the paperwork is not.
How Marriage Works in Alabama
Since August 29, 2019, Alabama has not issued marriage licenses. It’s the only state that has done away with them entirely. In place of the old license-and-ceremony system, both spouses complete a standardized Marriage Certificate form, sign it in front of an Alabama notary, and deliver it to a probate court for recording.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know No judge approves the marriage in advance. No officiant signs anything. The recorded form is the marriage.
That’s why a courthouse ceremony in Alabama is optional in a way it isn’t in most states. You still have to visit a probate court to file the form, but whether anyone pronounces you married while you’re there is entirely up to you.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know
Who Can Marry in Alabama
Both spouses must be at least 18. A 16- or 17-year-old can marry with a notarized affidavit of consent from a parent or guardian, filed with the probate court.2Alabama Legislature. Alabama Code 30-1-5 – Consent of Parents Required for Marriage of Minors No one under 16 may marry.3Alabama Legislature. Alabama Code 30-1-9.1 – Requirements for Marriage; Validity
Both parties must be legally competent, not currently married to anyone else, and not close blood or adoptive relatives. There’s no residency requirement. Out-of-state visitors and even residents of other countries can marry in Alabama if they meet the eligibility rules and complete the form properly.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
One timing rule catches some people. If either spouse was divorced in Alabama, neither can remarry anyone except each other for 60 days after the divorce judgment, or during any appeal filed within that window.5Alabama Legislature. Alabama Code 30-2-10 – Sixty-Day Restriction on Remarriage of Parties After Grant of Divorce or Pending Appeal of Divorce Divorces from other states don’t trigger this wait.
Booking a Courthouse Ceremony
If you want a ceremony at the courthouse, call the probate court in the county you plan to visit and ask. Probate judges are among the officials authorized to solemnize marriages in Alabama, along with licensed ministers and active or retired judges of circuit, district, appellate, state Supreme, and federal courts.
Not every county probate court performs ceremonies, so don’t assume. Most that do take appointments during regular business hours, and some cap the number of guests you can bring. When you go, bring your completed and notarized Marriage Certificate form and valid photo ID for both spouses.
Ceremony fees are usually modest. Montgomery County, for example, charges $88.00 for the combination of filing, the ceremony, and one certified copy — only about $10 more than filing alone.6Montgomery County Probate Court. Marriage License Other counties set their own prices.
The Form That Actually Marries You
The Marriage Certificate form is on the Alabama Department of Public Health website. Many probate courts also post it on their own sites or hand out printed copies.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know It asks for each spouse’s full name, address, date and place of birth, Social Security number, and parents’ names and birthplaces. If a spouse has never been issued a Social Security number, that field is left blank; no substitute number is required.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
Both spouses must sign in the physical presence of an Alabama notary public. Electronic signatures are not accepted from either spouse or the notary, and a form bearing them will be rejected.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate Alabama caps notary fees at $10 per notarial act, and government-employed notaries can’t charge at all for notarizations performed as part of their public duties.7Alabama Legislature. Alabama Code 36-20-74 – Fees
Filing: Any County, Within 30 Days
Once notarized, the form has to reach a probate court within 30 days of the later of the two spouses’ signature dates.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate You can file at any county probate court in the state, regardless of where you live or where you signed.
Recording fees vary. A few examples:
- Mobile County: $73.008Mobile County Probate Court. Document Recording
- Montgomery County: $78.50, which includes one certified copy6Montgomery County Probate Court. Marriage License
- Jefferson County: $84.509Probate Court of Jefferson County, Alabama. Marriage Certificates
- Madison County: $89.0010Madison County, AL. Marriage Certificate
Because filing is open to any county, couples watching the budget can choose a less expensive one.
Miss the 30-day window and the form is void. You would have to complete a fresh form, get it notarized again, and start a new 30-day clock.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate If you’re planning to sign in one city and sightsee before filing in another, count the days.
When the Marriage Becomes Official
Your marriage date is the date the last spouse signs, provided the form is recorded within the 30 days. Both signing the same day makes that your wedding date; signing on different days means the later date controls.4Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate Recording is what makes it legal, but the effective date reaches back to the signature.
That matters for anyone marrying near year-end. Sign on December 28 and get the form recorded on January 3, and your marriage date is still December 28, which affects your federal tax filing status for the whole prior year.
Getting Certified Copies
After the form is recorded, you can buy certified copies from the probate court where you filed. Additional copies are cheap at the courthouse. Montgomery County charges $2.00 per additional copy;6Montgomery County Probate Court. Marriage License Mobile County charges $3.00.8Mobile County Probate Court. Document Recording Later on, you can also order copies through the Alabama Department of Public Health’s Center for Health Statistics for $15.00 for a search including one certified copy, and $6.00 for each additional copy of the same record.11Alabama Department of Public Health. Vital Records Application If you’re already at the probate court, pick up what you need there.
If You Skip the Ceremony Entirely
Nothing requires a ceremony, courthouse or otherwise. Two people can meet with a notary, sign the form, drive to a probate court, pay the recording fee, and walk out legally married without a single word spoken by a judge or minister. For couples who want a wedding event later, the paperwork and the celebration can happen on different days; the law only cares about the signing date and the recording.
Common-Law Marriage Doesn’t Fill the Gap
Alabama abolished common-law marriage effective January 1, 2017. No new common-law marriage can be created in the state, though those validly established before that date are still recognized.12Alabama Legislature. Alabama Code 30-1-20 – Common-Law Marriage Abolished Living together and calling yourselves married is not enough. The Marriage Certificate form, notarized and recorded, is the only route in.