How to Get Married in Alabama: Requirements and Filing Steps

To get married in Alabama, both parties complete the state’s Marriage Certificate form, have their signatures notarized by an Alabama notary, and file the form at any county probate court within 30 days of signing. There is no license application, no waiting period, no blood test, no residency requirement, and no ceremony requirement.¹

Who Can Marry in Alabama

Both parties must be at least 18. A 16- or 17-year-old who has never been married can marry with a parent or guardian’s notarized consent filed at the probate court, and Alabama publishes a separate version of the Marriage Certificate form for that situation.²³

The form itself contains a sworn affidavit from each party. By signing, you are swearing that you have no living spouse, that you are not related to the other party in a way that violates Alabama’s incest laws, that you are mentally competent to consent, and that you are entering the marriage voluntarily. Those declarations replace any separate eligibility paperwork.¹

Same-sex couples can marry in Alabama. An older state statute on the books purports to ban it, but the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges made same-sex marriage a constitutional right and rendered that statute unenforceable.⁴

Complete the Marriage Certificate Form

Download the Marriage Certificate form from the Alabama Department of Public Health’s vital records page. It is a fillable PDF you complete on your computer before printing, and there is a separate version for applicants aged 16 or 17.³

Each party fills in full legal name, current address, date and place of birth, both parents’ full names and birthplaces (including each mother’s maiden name), and, if previously married, information about how the last marriage ended.

Read everything twice before printing. Once the form has been notarized, you cannot correct or add anything. Any mistake caught after notarization means starting over with a fresh form.⁵

Get Both Signatures Notarized

Each spouse signs the printed form in front of an Alabama notary public. The notary confirms your identity, witnesses the signature, and adds a seal and commission expiration date. The two spouses do not have to use the same notary or sign on the same day, but both signatures need to be notarized separately.⁵

The notary must be commissioned in Alabama. A form notarized by an out-of-state notary will be rejected. Alabama caps notary fees at $10 per signature, so the total is at most $20 for both.⁶ Many banks notarize free for account holders. UPS stores, some libraries, and some pharmacies also offer notary services, sometimes for a fee. Probate courts do not provide notary services to the public, so take care of this before you go to the courthouse.⁷

File at Any County Probate Court

Take the notarized form to any Alabama county probate court and pay the recording fee. You are not limited to your home county or the county where you plan to celebrate. Bring a valid photo ID.⁸

Recording fees are set by each county. Mobile County charges $73, and Jefferson County charges $84.50, to give a sense of the range.⁹¹⁰ Call ahead to confirm the exact amount and which payment methods your chosen court accepts.

The 30-Day Deadline

The form must reach the probate court within 30 days of the date the last spouse signed. If the spouses sign on different days, the clock runs from the later signature. If 30 days pass without filing, the form is void and you have to complete and notarize a new one.¹

Your Legal Marriage Date

Your legal marriage date is the date the form was signed by both parties, not the date the court recorded it. When the spouses sign on different days, the marriage date is the later signature. That distinction matters for taxes, insurance enrollment, and other events tied to the date of marriage.⁸

Ceremonies Are Optional

Alabama’s 2019 law states explicitly that whether or not a ceremony takes place has no effect on the validity of the marriage. Your marriage becomes legal when the completed, signed, notarized form is recorded by the probate court.¹

If you do want a ceremony, you can choose any officiant, and no witnesses are required. Because the ceremony carries no legal weight, the state places no restrictions on who performs it. Some couples sign the form on the day of a ceremony; others file first and celebrate whenever they like.¹¹

Common Law Marriage No Longer Applies

Alabama abolished common law marriage for any union entered on or after January 1, 2017. Living together and holding yourselves out as married does not create a legal marriage in Alabama today; you must go through the Marriage Certificate form process. Common law marriages that were validly established before that date are still recognized.¹²

Get Certified Copies

Once your marriage is recorded, order certified copies. You will need them for name changes, insurance enrollment, and other administrative tasks. Two sources issue them:

The probate court where you filed. Fees vary by county; Jefferson County, for example, charges $3 per copy.¹³
The Alabama Department of Public Health (Center for Health Statistics). The fee is $15 for a search and one certified copy, $6 for each additional copy ordered at the same time, plus $15 more for expedited processing.¹⁴

Ordering from the probate court is usually cheaper and faster, especially in person. Plan on two or three certified copies; the Social Security Administration, the passport office, and your employer’s HR department may each want to see one.

Updating Your Name and Records

Marriage does not change your name automatically anywhere. If you plan to take your spouse’s last name or hyphenate, start with Social Security, because most other agencies want the Social Security record updated before they will process their own changes.

Social Security Card

Complete Form SS-5 (Application for a Social Security Card). You can begin online or make an appointment at a local Social Security office. Bring your certified marriage certificate and a current photo ID such as a driver’s license or passport. The SSA requires original documents or copies certified by the issuing agency and will not accept photocopies. There is no fee for a replacement card.¹⁵

Passport

Within one year of your marriage (or one year of when your passport was issued, whichever is later), you can update a U.S. passport by mailing Form DS-5504 with your current passport, a certified copy of your marriage certificate, and a new passport photo. There is no fee unless you want expedited processing, which costs $60. After one year, you go through the standard renewal process with its normal fees.¹⁶

Taxes

Your marital status on December 31 sets your filing status for the entire tax year. If you marry at any point during the year, the IRS treats you as married for that whole year, and you can file jointly or separately. Running the numbers both ways is usually worthwhile.¹⁷ Submit a new Form W-4 to your employer to update your withholding.¹⁸

Health Insurance

Marriage is a qualifying life event that opens a 60-day special enrollment period. In that window you can add your spouse to your employer plan or enroll in a new Marketplace plan without waiting for open enrollment. If you pick a plan by the end of a month, coverage typically starts the first of the next month. Miss the 60 days and you usually have to wait until the next open enrollment.¹⁹

1
Alabama Legislature. Alabama Code 30-1-9.1 – Requirements for Marriage; Validity; Construction With Other Laws
2
Alabama Legislature. Alabama Code 30-1-5 – Consent of Parents Required for Marriage of Certain Minors
3
Alabama Department of Public Health. Forms
4
Alabama Legislature. Alabama Code 30-1-19 – Marriage, Recognition Thereof
5
Baldwin County Probate Court. Instructions for Completing and Filing an Alabama Marriage Certificate (for Adults)
6
Alabama Legislature. Alabama Code 36-20-74 – Fees
7
Mobile County Probate Court. Alabama’s Marriage Act – Frequently Asked Questions
8
Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
9
Mobile County Probate Court. Document Recording
10
Probate Court of Jefferson County, Alabama. Recording Costs
11
Montgomery County Probate Court. Marriage License
12
Alabama Legislature. Alabama Code 30-1-20 – Common-Law Marriage
13
Probate Court of Jefferson County, Alabama. Marriage Certificates
14
Alabama Department of Public Health. Marriage Certificates
15
Social Security Administration. U.S. Citizen – Adult Name Change on Social Security Card
16
U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error
17
Internal Revenue Service. Filing Status
18
Internal Revenue Service. Essential Tax Tips for Marriage Status Changes
19
HealthCare.gov. Getting Health Coverage Outside Open Enrollment