To get a marriage license in Massachusetts, both partners appear together at any city or town clerk’s office, file a Notice of Intention of Marriage under oath, wait three days, and return to pick up the license. It stays valid for 60 days from the day you filed, not from the day you picked it up. There is no residency requirement, so couples from anywhere in the country or abroad can marry in the Commonwealth. The process is straightforward, but the strict minimum age, the post-divorce waiting period, and that 60-day clock catch people off guard.
Who Qualifies to Marry in Massachusetts
Both partners must be at least 18. Massachusetts eliminated all exceptions in 2022, so no parental consent, court order, or judicial waiver can authorize a marriage for anyone under 18.1General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 7 Both must also be legally unmarried at the time of filing.
If either of you has been divorced, the judgment has to be fully final before you can file for a new license. For an uncontested (“1A”) divorce, the judgment is not final until 120 days after entry. For a contested (“1B”) or fault-based divorce, the waiting period is 90 days from the hearing date.2Mass.gov. Finalizing a Divorce Check the date on your judgment carefully. Filing too early will create legal problems.
Massachusetts also prohibits marriage between close relatives, including parents and children, grandparents and grandchildren, siblings, aunts or uncles and nieces or nephews, and several in-law relationships named in the statute.3General Court of Massachusetts. Massachusetts Code Chapter 207 Section 1
Neither partner needs to live in Massachusetts, and you can file in any city or town in the Commonwealth regardless of where you reside.
What to Bring to the Clerk’s Office
The Notice of Intention form comes from the state registrar and is filled out at the clerk’s office, not downloaded at home. Both partners should arrive with:
- A government-issued photo ID for each person, such as a driver’s license, passport, or state ID.
- Social Security numbers. These go on a separate confidential report sent to the state registrar and are not part of the public record. If you don’t have one, you’ll need to explain why when filing.4General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 20
- Each parent’s full legal name, including birth surnames.
- Your post-marriage name decision. If either partner is changing their legal name, that choice is recorded on the intention form, so settle it before you go in.
Fees vary by municipality. Boston charges $50,5City of Boston. How to Get Married in Boston while smaller towns may charge as little as $20.6Town of Mashpee, MA. Marriage License Information Call ahead to confirm the amount and what payment methods are accepted. Some offices only take cash or money orders.
Filing the Notice of Intention
Both partners must appear together and sign the Notice of Intention under oath. You’re affirming the truth of your statements under penalty of perjury.4General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 20 One narrow exception: if a doctor certifies that one partner is too ill to appear, a parent, legal guardian, or the other partner can file on that person’s behalf.
The Three-Day Wait and the 60-Day Clock
A mandatory three-day waiting period begins the moment you file. The clerk cannot release the license until the third day has passed,7General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 28 and you return to the same clerk’s office to pick it up.
The license then expires 60 days after the date you filed the Notice of Intention. That window does not reset when you collect the certificate. If your wedding falls on day 61, the license is dead and the whole process starts over, fee included.7General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 28 File too early and the license expires before a destination wedding; file too late and the final days of planning become a scramble.
Marriage Without Delay Waiver
If you need to skip the three-day wait for a military deployment, a medical emergency, or a last-minute courthouse ceremony, you can petition for a “Marriage Without Delay” waiver. File the court form at a Probate and Family Court, District Court, or Boston Municipal Court in the county where you submitted your Notice of Intention. The court charges $195 ($180 filing fee plus a $15 surcharge), and approval is not guaranteed because a judge reviews the request.8Mass.gov. Instructions – Marriage Without Delay Court Form For most couples, planning around the three-day wait is cheaper and simpler.
Who Can Perform the Ceremony
Massachusetts law authorizes justices of the peace, ordained clergy registered with the state, and certain judicial officers to solemnize marriages.9General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 38 The officiant must receive the license certificate from the couple before performing the ceremony.
No witnesses are required. You can have a full wedding party or marry with just the two of you and the officiant. Both are equally valid.
One-Day Marriage Designation
If you want a friend or family member to officiate, they can apply for a One-Day Marriage Designation through the Governor’s office. It grants temporary authority to perform one specific ceremony on one specific date in one specific city or town.10General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 39 It’s meant for non-clergy laypeople. Ordained ministers and justices of the peace already have standing authority and don’t need it.11Mass.gov. One-Day Marriage Designation
Online applications cost $23.50 ($20 plus a $3.50 processing charge). Mailed applications cost $25 and take four to six weeks to process, so plan well ahead if you’re using paper.12Secretary of the Commonwealth of Massachusetts. One Day Marriage Designation
After the Ceremony: Returning the License
The officiant completes the license after the ceremony, recording the date and location of the marriage and signing it. Massachusetts law requires the officiant to return the completed certificate to the issuing clerk no later than the 10th day of the month following the ceremony.13General Court of Massachusetts. Massachusetts General Laws Chapter 207 Section 40 A July 20 wedding, for example, means the certificate must reach the clerk by August 10.
If a friend with a One-Day Designation is officiating, make sure they know this deadline. Delayed returns hold up certified copies, name changes, insurance updates, and tax filing. Once the clerk records the marriage, you can order certified copies of your marriage certificate; fees vary by town but typically run $10 to $20.