Saturday, October 22, 2011

What are the legal requirements for getting married?


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The requirements are simple, although they vary from state to state. In general, a man and a woman wishing to marry must obtain a license in the state in which they wish to be married, usually from a county clerk, a city clerk, or a a clerk of court. The fee usually is low.

Parties who wish to marry must have the capacity to do so. This means that neither can be married to someone else, the parties must be of a certain age, and both must understand that they are being married and what it means to be married. If, because of drunkenness, mental illness, or some other problem, one of the parties lacks capacity, the marriage will not be valid.

A few states require the man and the woman to have blood tests for venereal disease before the license is issued, although most do not require a blood test. In states that require a blood test, some will not issue a license if one or both of the parties have venereal disease, while others will allow the marriage if the couple knows the disease is present.

In a few states, a couple must show proof of immunity or vaccination for certain diseases or completion of a general physical examination.

Close blood relatives cannot marry, although in some states, first cousins can marry. Of those states that allow first cousins to marry, a few states also require that one of the cousins be unable to conceive children.

Some states require a waiting period, generally three days, between the time the license is issued and the time of the marriage ceremony.

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