Applying for Marriage Licenses

How to Apply for a License

Couples who will be getting married in Massachusetts may file for a Marriage License with any City or Town Clerk in the Commonwealth.

1. If a person is in the military, intentions may be filed by either party alone, providing one is a Massachusetts resident.
2. If a person is incarcerated in a county house of correction or a state correctional facility, intentions may be filed by either party alone.

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 the state of Massachusetts.

Waiting Period

There is a mandatory three-day waiting period. Sundays and holidays are included in the three days.

For example, if you apply Monday, your license will be available on Thursday; if you apply on Tuesday, your license will be available on Friday; and if you apply on Wednesday, Thursday or Friday, your license will be available on Monday.

An encrypted email with a copy of the Marriage License will be sent to the couple for review. If there is an issue with any of the information, simply respond to the email and the corrections can be made. One party must then pick up the license at the Town Clerk's office prior to the wedding and give it to the officiant.

Obtaining a Waiver of the Waiting Period

For couples looking to get married immediately, you can obtain a court waiver after filing intentions. According to M.G.L Ch. 207 § 30, a couple may do so by applying to the judge of a probate or district court to have the license issued without delay, after filing intentions with the Town Clerk.

1. File your intentions with any city or town clerk.
2. Go to probate or district court and file an application for a waiver. It must be filed by both parties. The court schedules the hearing at their complete discretion and the couple should plan for a possible wait of several hours.
3. After a hearing, if the court has issued a waiver, return to the Town Clerk's office with the waiver and receive the license.
4. After a hearing, if the court has NOT issued a waiver, wait the three-days and return to the Town Clerk's office.

Under extraordinary or emergency circumstances, such as if the death of either party is imminent or the female is nearing the end of her pregnancy, an authorized request by a minister or member of the clergy or an attending physician shall suffice and the clerk can issue the license without delay.

Cost of License

The filing fee in Belmont is $50.00, which includes the intention filing fee ($30) and one Certified Copy of the Marriage Certificate ($20). The Town Clerk's office staff will ask for a mailing address to send the certificate when the couple file their intentions.

This fee is payable at the time the intention is filed; cash or check payable to the Town of Belmont are acceptable forms of payment.

Age Requirement

Massachusetts residents may marry if the both applicants are 18 years of age or older. A birth certificate may be required to show proof of age. However, 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.

Divorced or Annuled Applicants

The intention paperwork will require you to state if this is your first, second, etc. marriage. If a previous marriage was annulled, you will not include that marriage and may be required to show a copy of the annulment paperwork.

If you are divorced, you are not required to present a divorce certificate. However, it is extremely important that an individual who has been divorced be certain that their divorce is absolute (90 days after the divorce NISI). If you recently divorced and are uncertain as to the absolute date of your divorce, you should contact the court where it was granted.

Clergy and Justice of the Peace

The member of the clergy or justice of the peace must complete and sign the original license, in section 20 ONLY, and return it to the clerk of the city or town where the license was issued. When filing an intention to marry, we will ask for the name and contact phone of the person who will perform the marriage.

The current Belmont Town Clerk is a Justice of the Peace (JP) for the Commonwealth of Massachusetts. If you would like to have the Town Clerk perform the ceremony, email ecushman@belmont-ma.gov. The Commonwealth of Massachusetts has set the rate for JP services at $100. A list of JPs can also be obtained from the Town Clerk's office upon request.

One-Day Solemnizers

A person who is not a recognized member of the clergy in Massachusetts or a Justice of the Peace, such as a relative or family friend, may obtain one-day special permission from the Governor to perform a marriage. The original certificate must be submitted with the signed marriage license after the ceremony.

Apply online or by mail for a One-Day Solemnization Certificate. Click here more information.

• The Solemnizer must complete SECTION 20 ONLY.
• Print legibly with permanent black ink only, make no stray marks. Cross-outs will be rejected.
• The month must be written out, such as September 30, 2014, not 9/30/14
• If the wedding does not take place at a temple, church, synagogue or recognized place of worship, the Solemnizer must write the street address instead of naming the location. For example, in lieu of Belmont Town Hall, it should read 455 Concord Avenue, Belmont
• After the Solemnizer signature, he/she must enter the word Solemnizer
• The address under the Solemnizer signature is the home address of the Solemnizer

Special Requirements for Immigrants

If either of the parties has arrived as an immigrant from a foreign country at least five days before filing the intention application, the application may be filed at any time before the marriage, and the certificate shall be issued at any time after the filing.

If either party is an immigrant who is also filing to be a naturalized U.S. citizen, it is extremely important that the information provided on the intention paperwork match the citizenship paperwork filed with the U.S. Citizen and Immigration Services. If you have an immigration attorney, it is recommended that you confer with them before filing your Marriage Intention forms.

Obtaining Certified Copies of the Marriage Certificate

As mentioned above, a Certified Copy of the Marriage Certificate is included for any couple filing their intentions. This process typically takes approximately ten (10) from the day the license is received from the Solemnizer.

After the marriage is performed, and the Solemnizer (JP, Priest, Rabbi, etc.) has returned the signed marriage license to the Office of the Town Clerk, the marriage is recorded by the State of Massachusetts. Any time after the marriage is recorded, a certified copy of the marriage certificate can be issued. Parties are welcome to telephone the Town Clerk's Office at 617-993-2603 to check on availability of the marriage certificate if time is an issue. Each certified copy is $20.00 and usable for all legal purposes.

Changing Your Name

In addition to being a marriage application form, the marriage intention form also serves as a legal name change document. The document has a field for the name you would like to use after marriage. Both parties may change their name to whatever they wish at this time. By answering this question, you avoid the probate court fees for initiating a name change. The intention filing does not automatically change your name. To facilitate the name change, you must appear in person at the following locations with a certified copy of your marriage certificate: