All people who marry in Massachusetts must have a marriage license issued in Massachusetts. An out-of-state license cannot be used.
HOW DO WE APPLY FOR A MARRIAGE LICENSE?
You must both apply in person for a marriage
license. This requirement is applicable to both residents and
non-residents of the Commonwealth. According to Massachusetts
law, you must jointly file intentions to marry, and you may do so
with the city or town clerk in any community in the state. If a
person is in the military, intentions may be filed by either
party, provided one is a Massachusetts resident. A marriage
license, once obtained, is valid for 60 days from the date
intentions are filed and may be used in any Massachusetts city or
town. It is not valid outside of the state.
IS THERE A WAITING PERIOD FROM
THE DATE OF APPLICATION TO THE DATE THE LICENSE IS ISSUED?
Yes, there is a mandatory three-day waiting
period. While Sundays and holidays are included in the three
days, the day the application is made is not.
MAY WE MARRY BEFORE THE THREE
DAYS FOR GOOD REASON?
Yes, if you can obtain a court waiver after
filing intentions.
HOW DO WE OBTAIN A WAIVER?
You should file your intentions first with any
city or town clerk. Then an application for a waiver must be
filed by both of you at a probate or district court. After a
hearing, the court may issue a certificate allowing the marriage
license to be issued, and the marriage preformed without delay.
WHAT IS THE COST OF A MARRIAGE
LICENSE?
The state statute stipulates a fee of $4.00 for
the license, but it allows cities and towns by a vote of their
city councils, boards of selectman or town meeting or by a change
in the by-laws to set their own fee. The cost of a marriage
license in Ashby is $10.00.
AT
WHAT AGE MAY A MAN OR WOMAN MARRY?
A Massachusetts resident may marry if he or she
is 18 years of age or older. A Birth certificate may be required
to show proof of age.
WHAT IF ONE OR BOTH OF US IS
UNDER 18?
If either party is under 18, a court order from
a probate or district court where the minor resides must be
obtained before the marriage intentions can be filed.
WHAT IF ONE OR BOTH OF US HAS BEEN DIVORCED?
You are not required to present a divorce
certificate when filing intentions to marry. However, it is
extremely important that an individual who has been divorced be
certain that his/her divorce is absolute. If you are uncertain as
to the absolute date of your divorce, you should contact the
court where the divorce was granted. In Massachusetts, a divorce
does not become absolute until 90 days after the divorce nisi has
been granted, regardless of the grounds for the divorce.
WHAT ARE THE RESPONSIBILITIES
OF THE MEMBER OF THE CLERGY OR THE JUSTICE OF THE PEACE?
The member of the clergy or the justice of the
peace must complete and sign the original license and return it
to the clerk of the city or town where it was issued.
WHAT SHOULD BE DONE IF AN
OUT-OF STATE MEMBER OF THE CLERGY IS TO PERFORM THE MARRIAGE?
If an out-of -state member of the clergy is to
perform the marriage, the clergyman must obtain a Certificate of
Authorization from the Massachusetts Secretary of State prior to
the ceremony. This certificate, which is issued by the Public
Records Division of the Office of the Secretary of State, is to
be attached to the original license and returned to the clerk of
the town or city where the license was issued.
WHERE CAN WE GO FOR ADDITIONAL ASSISTANCE OR INFORMATION?
Registry of Vital Records and Statistics
Department of Public Health
150 Tremont Street, Room B3
Boston, MA 02111
(617) 727-0036