The process to obtain copies of a marriage license or a marriage certificate can vary depending on whether the marriage occurred in the U.S. or abroad. Here’s a general guide for both scenarios:
For Marriages in the U.S.
Marriage License:
- Before Marriage: This is obtained before the marriage ceremony. Couples usually apply for a marriage license at their local county clerk’s office or vital records office.
- After Marriage: If you need a copy after the wedding, you can request it from the same office where you initially applied.
Marriage Certificate:
- After Marriage is Solemnized: This is issued after the marriage ceremony, confirming that the marriage has taken place.
- Obtaining Copies: You can get a copy from the vital records office in the state where the marriage was performed. This often requires filling out a request form, paying a fee, and providing necessary identification.
For Marriages Abroad
Marriage License:
The concept of a “marriage license” before marriage may not exist in all countries. If required, it’s typically obtained from local authorities where the marriage will occur.
Marriage Certificate:
- Obtaining Original: After the marriage, a marriage certificate is issued by the local authorities in the country where the marriage took place.
- Obtaining Copies: To get a copy, you’ll have to contact the appropriate foreign office. This might be a local civil registry, town hall, or other government entity.
- For Use in the U.S.: If you need to use this document in the U.S., it may require an apostille or a U.S. consular seal to be legally recognized. This process depends on the country of marriage and whether that country is part of the Hague Apostille Convention.
Official recording of vital records by US state
| State | Birth Records | Marriage Records | Death Records |
|---|---|---|---|
| Alabama | 1908 | 1936 | 1908 |
| Alaska | 1913 | 1913 | 1913 |
| Arizona | 1909 | 1909 | 1909 |
| Arkansas | 1914 | 1917 | 1914 |
| California | 1905 | 1905 | 1905 |
| Colorado | 1907 | 1907 | 1907 |
| Connecticut | 1897 | 1897 | 1897 |
| Delaware | 1861 | 1847 | 1881 |
| District of Columbia | 1874 | 1811 | 1874 |
| Florida | 1899 | 1927 | 1899 |
| Georgia | 1919 | 1952 | 1919 |
| Hawaii | 1842 | 1842 | 1859 |
| Idaho | 1911 | 1947 | 1911 |
| Illinois | 1916 | 1962 | 1916 |
| Indiana | 1907 | 1958 | 1899 |
| Iowa | 1880 | 1880 | 1880 |
| Kansas | 1911 | 1913 | 1911 |
| Kentucky | 1911 | 1958 | 1911 |
| Louisiana | 1914 | none | 1914 |
| Maine | 1892 | 1892 | 1892 |
| Maryland | 1898 | 1950 | 1898 |
| Massachusetts | 1841 | 1841 | 1841 |
| Michigan | 1867 | 1867 | 1867 |
| Minnesota | 1900 | 1958 | 1908 |
| Mississippi | 1912 | 1926 | 1912 |
| Missouri | 1910 | 1881 | 1910 |
| Montana | 1907 | 1943 | 1907 |
| Nebraska | 1905 | 1909 | 1905 |
| Nevada | 1911 | 1968 | 1911 |
| New Hampshire | 1901 | 1901 | 1901 |
| New Jersey | 1848 | 1848 | 1848 |
| New Mexico | 1920 | 1920 | 1920 |
| New York State | 1880 | 1880 | 1880 |
| North Carolina | 1913 | 1962 | 1913 |
| North Dakota | 1907 | 1925 | 1907 |
| Ohio | 1908 | 1949 | 1908 |
| Oklahoma | 1908 | 1908 | 1908 |
| Oregon | 1903 | 1906 | 1903 |
| Pennsylvania | 1906 | 1885 | 1906 |
| Rhode Island | 1853 | 1853 | 1853 |
| South Carolina | 1915 | 1950 | 1915 |
| South Dakota | 1905 | 1905 | 1905 |
| Tennessee | 1908 | 1945 | 1908 |
| Texas | 1903 | 1966 | 1903 |
| Utah | 1905 | 1887 | 1905 |
| Vermont | 1955 | 1955 | 1955 |
| Virginia | 1912 | 1912 | 1912 |
| Washington State | 1907 | 1968 | 1907 |
| West Virginia | 1917 | 1964 | 1917 |
| Wisconsin | 1907 | 1907 | 1907 |
| Wyoming | 1909 | 1941 | 1909 |
Marriage in Slave States
The legalization of marriage for enslaved individuals in the United States varied by state and was primarily a consequence of the Civil War and the subsequent Reconstruction era. Prior to these changes, enslaved people were not legally recognized to marry in slave states, as they were considered property and lacked legal personhood.
Legalization of Slave Marriages:
Pre-Civil War Era:
- Slave Laws and Status: Under slave laws, enslaved people were considered property, not legal persons. This status denied them basic rights, including the right to legally marry. Slave marriages, if they occurred, were informal and not recognized by law.
- Resistance and Informal Marriages: Despite the lack of legal recognition, enslaved individuals often engaged in their own forms of marriage ceremonies, which held significant cultural and personal importance. These ceremonies varied and often included rituals like “jumping the broom.”
- Impact on Families: Slave owners frequently separated families, which was a brutal aspect of slavery. This lack of legal recognition for marriages and families facilitated the commodification and dehumanization of enslaved people.
Civil War and Emancipation:
- Emancipation Proclamation (1863): This executive order by President Lincoln declared freedom for slaves in Confederate states but did not immediately address the issue of marriage.
- Confederate States’ Response: Some Confederate states began to grapple with the issue of slave marriages towards the end of the war, recognizing that the institution of slavery was crumbling.
Reconstruction Era:
- Freedmen’s Bureau (1865-1872): This federal agency played a vital role in transitioning former slaves to freedom. It provided various services, including the facilitation of legal marriages. The Bureau often held mass marriage ceremonies to legitimize pre-existing relationships.
U. S., Freedmen’s Bureau Marriages, 1861 – 1872
- Civil Rights Act of 1866: This act was a significant step in ensuring civil rights for former slaves, including the right to make and enforce contracts, which implicitly included marriage contracts.
- 14th and 15th Amendments: These amendments were crucial in granting citizenship and voting rights to former slaves, further embedding their civil rights into the Constitution.
State-by-State Legalization:
- Varied Timelines: Each former Confederate state had a different timeline for readmission to the Union, which affected when marriages of formerly enslaved individuals were recognized legally.
- State Constitutions: New or amended state constitutions during Reconstruction often included provisions for civil rights, including marriage.
- Local Resistance: Despite these legal changes, there was significant resistance at the local and state levels. Black Codes and later Jim Crow laws sought to undermine the rights granted during Reconstruction.
Social and Cultural Impact:
- Community Building: The legalization of marriage was crucial in allowing African Americans to legitimize and protect their families, which was a fundamental aspect of community building and resistance to oppression.
- Legal and Social Challenges: Even after the legalization of marriage, African American couples faced ongoing discrimination and legal challenges, particularly in the Jim Crow South.
- Historiography: The study of slave marriages and their legalization provides valuable insights into the resilience of enslaved communities, the complexities of the Reconstruction era, and the ongoing struggle for civil rights in America.
The journey towards the legalization of marriages for enslaved individuals was not just a legal process but also a deeply human struggle for dignity, family, and recognition. Understanding this history is crucial in comprehending the broader narrative of slavery, emancipation, and civil rights in the United States.
Cohabitation Records, 1861 – 1872
Cohabitation Records, historically significant in the context of genealogical and social history research, are documents that list couples, often formerly enslaved, who were living together as husband and wife. These records became particularly important in the United States after the Civil War.
During slavery, enslaved individuals were not legally allowed to marry. After emancipation, many states, especially in the Southern United States enacted laws to legitimize the marriages of formerly enslaved couples. Cohabitation records were created as part of this process. They often include the names of the individuals in the relationship, their ages, the number of years they had been living together, and sometimes the names of their children.
These records serve as valuable tools for researchers and descendants tracing African American ancestry, as they provide a rare glimpse into the personal lives of enslaved individuals whose experiences and relationships were often not formally documented during the era of slavery.
