Under Mississippi marriage laws, any couple can obtain a license from the circuit clerk in any county, with no residency requirement and no waiting period before the ceremony. Both applicants must be at least 21 to marry without parental consent, and once issued, the license does not expire. The ceremony must be performed by someone the state authorizes, and the officiant has to return the signed record to the clerk within five days.
Who Can Marry in Mississippi
The age to marry without anyone else’s permission is 21 for both men and women. Under 21, you need written parental consent and a court order before the circuit clerk can issue the license. The minimum ages with parental consent are 17 for males and 15 for females, a gender-based distinction that remains in the current statute.
Applicants between the minimum age and 21 must present written consent from a parent or legal guardian at the time of application, along with a court order. If a minor cannot get parental consent, a chancery judge can approve the marriage after evaluating the circumstances and the minor’s best interests. Below 15 for females and 17 for males, a license can still be issued with both parental consent and a judge’s approval, though those cases receive closer scrutiny.
Both parties must also have the mental capacity to understand what marriage means. The clerk will not issue a license, and a marriage can be invalidated, if either person lacks the cognitive ability to consent, whether because of a mental impairment or being under the influence at the time of the ceremony.
Applying for the License
Both applicants have to appear together at the circuit clerk’s office. Any county in Mississippi will do, and there is no residency requirement, so out-of-state couples can apply and marry here without complications.
Identification and Proof of Age
Bring documentation that proves your identity and your date of birth. Mississippi accepts a range of documents: a driver’s license, birth certificate, baptismal record, military discharge papers, military ID, life insurance policy, school record, tribal identification card, or any other official document showing your date of birth. The clerk will examine what you present and keep either the original or a copy with your application.
If You Were Previously Married
If either applicant has been married before, you’ll need to provide the date the last marriage ended and the number of prior marriages. If your divorce was finalized within the last six months, bring a copy of the divorce decree. This lets the clerk confirm that any prior marriage has been properly dissolved.
Fees and Payment
License fees vary by county. Some counties charge around $21; others charge $37 or more. Most offices accept cash only, so call ahead. The fee is non-refundable.
No Blood Test, No Waiting Period, No Expiration
Mississippi eliminated its blood test requirement on July 1, 2012. There is no waiting period either, so you can marry the same day the license is issued. And the license does not expire once you have it, which means you can schedule the ceremony whenever you’re ready.
The Ceremony and Filing the Record
A license alone doesn’t make you married. The ceremony has to be performed by someone authorized under Mississippi law, and the paperwork has to be filed afterward. Miss either step and the marriage may not be legally recognized.
Who Can Officiate
- Any minister of the gospel ordained according to their church’s rules and in good standing.
- Any rabbi or spiritual leader authorized by their religious body to perform marriages.
- A pastor of a religious society, marrying members of the congregation according to the society’s rules and customs.
- Justices of the Mississippi Supreme Court, Court of Appeals judges, circuit court judges, chancery court judges, and county court judges, anywhere in the state.
- Justice court judges and members of county boards of supervisors, but only within their own county.
The Five-Day Filing Deadline
After the ceremony, the officiant must complete and sign the marriage record and return it to the circuit clerk who issued the license within five days. That filing is what puts the marriage into the official record. If the officiant misses the deadline, it can create real problems later when you need to prove the marriage is valid for insurance, property, or other legal purposes. Follow up with your officiant to confirm they filed it.
Marriages Mississippi Won’t Allow
State law bars marriages between close family members. The statute specifically prohibits marriages between parents and children, grandparents and grandchildren, siblings (including half-siblings), aunts and nephews, and uncles and nieces, along with several stepfamily relationships. These prohibitions apply whether the relationship is by blood or by adoption.
Bigamy is both prohibited and criminal. Marrying someone while your previous marriage is still legally in effect is a felony punishable by up to ten years in prison. The same penalty applies to an unmarried person who knowingly marries someone they know is already married. Mississippi has a separate statute addressing polygamy as well.
Marriages where either party lacked the mental capacity to consent are invalid, including situations involving severe intoxication or cognitive impairments that prevented a person from understanding what they were agreeing to.
Common Law and Out-of-State Marriages
Mississippi does not recognize common law marriage. No matter how long you live together or how publicly you present yourselves as a married couple, the state will not treat the relationship as a legal marriage without a license and a ceremony performed by an authorized officiant. A bill introduced in the 2023 legislative session (SB 2826) proposed a framework for common law marriages, but there is no indication it was enacted. Without a license, you have no spousal rights under Mississippi law.
Marriages lawfully performed in another state or country are generally recognized in Mississippi under the Full Faith and Credit Clause of the U.S. Constitution, provided they don’t violate the state’s prohibitions on incestuous or bigamous unions. After the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, Mississippi is required to issue marriage licenses to same-sex couples and to recognize same-sex marriages from other jurisdictions.
After the Wedding
h3>Changing Your Name
If you want to take your spouse’s surname, you can indicate the new name on the marriage license application itself, noting your former name. After the wedding, request a certified copy of your marriage certificate from the circuit clerk. That certified copy is the document you’ll use to update everything else. Update your Social Security card first, then your driver’s license, bank accounts, and other records. Mississippi requires legal documentation for any name change on a driver’s license or state ID, and the certified marriage certificate satisfies that requirement.
State Tax Filing
Marriage changes your Mississippi tax filing options. You have three choices: a joint return, a combined return, or separate returns. A combined return is a single form where each spouse’s income goes in a different column, and you can split exemptions and deductions however you like. Separate returns mean each spouse files their own form reporting only their own income, and if one spouse itemizes deductions, the other must also itemize. For most couples, running the numbers under the joint or combined method first makes sense, since it often produces a lower total tax.