As of August 2019, individuals wanting to marry in Alabama no longer can apply for a marriage license with the county probate court, and the courts no longer are issuing marriage licenses. Instead, the Alabama Marriage Certificate form should be completed by the couple entering into the marriage and delivered to the probate court for recording.
The marriage is considered valid or “legal” when the properly completed, signed, and notarized Alabama Marriage Certificate form is recorded by an Alabama probate court. Take note that the marriage form must be delivered to the probate court within 30 days of the latter of the dates of the spouses’ signatures for the marriage to be recorded as valid.
The law states that the date of the marriage is the date that the affidavit on the Alabama Marriage Certificate form is signed by the two spouses, so long as the completed and notarized form is provided to the probate office for recording within 30 days of the date of the spouses’ signatures. If the spouse’s signature is on separate dates, the date of the marriage will be the latter of the dates of the spouses’ signatures, provided the form is delivered to the probate court within 30 days of the date of that last signature.
What are the Requirements for Marriage in Alabama?
The Alabama Public Health Vital Records specify some requirements for a legal marriage in Alabama. If you are under the age of 18, but are at least 16 years of age, and have never been married, you can still marry in Alabama with the consent of a parent or guardian.
The consenting parent or guardian must complete page 2 of the Marriage Certificate form, entitled “Affidavit of Consent for Marriage of a Minor.” For the marriage to be legal, the marriage form completed by the spouses and the Affidavit of Consent must be presented together to the probate court for recording. The final Marriage Certificate will be a two-page document.
A resident of a foreign country who meets the eligibility criteria listed on the Marriage Certificate form and who accurately completes the Marriage Certificate can marry in Alabama. Persons who reside in a foreign country should enter the name of the state, province, or territory of the foreign country in the Residence County field on the form and enter the name of the foreign country in the Residence State field.
If a person has never been assigned a Social Security Number by the Social Security Administration, the field for the Social Security Number should be left blank.
What are the Marriage Certificate Requirements in Alabama?
The U.S. Marriage Laws website identifies the certificate requirements for a marriage in Alabama to be valid. To complete the marriage certificate form, a couple must:
- Obtain a standardized marriage certificate form provided by the state, county probate judge’s office, or online;
- Fully complete the form and the form request the same basic information about each spouse that is currently used;
- Bring the marriage certificate form to a notary to witness signatures. Notary services for the form are not provided by the Probate Office;
- Deliver the original, fully completed, and notarized form to the County Probate Judge’s office for recording, along with the filing fee from that county. The fee varies by county;
- The form must be submitted within 30 days of being signed;
- The effective date of the marriage is the latter of the dates of the signature of the spouses and;
- Once properly completed and recorded by the probate court, the marriage is valid.
You must verify all information with your local County Probate office before deciding to purchase your marriage certificate. Currently, there is no waiting period in Alabama except after being divorced. But there is a 60-day waiting period after your divorce becomes finalized. Non-residents who wish to be married by a county marriage official may have to wait at least three days. You can contact the County Probate office to verify whether or not you will have a waiting period.
The Alabama Center for Health Statistics started filing marriage certificates in August 1936 for marriages that took place in Alabama. (Information for marriages before August 1936 must be obtained from the probate office in the county where the marriage license was issued.) By Alabama law, marriage certificates are unrestricted. They can be requested by anyone who can provide enough information to search for the record and submit payment of the accurate fee.
Recently, due to the impact of COVID-19, Tuscaloosa County residents may now mail in their completed marriage certificate along with the credit card authorization form. To fill out the credit card authorization form, In compliance with the Act specifically signed by Governor Ivey on May 31, 2019, Tuscaloosa County Probate Office marriage certificate process involves the following changes:
- The purchase of a marriage license is no longer mandated. Couples are to complete and sign before a notary public the Alabama Certificate of Marriage form. Once the form is finished, it is to be brought to the Probate Office for recording within 30 days from the last date signed by either spouse. The Office of Probate does not offer notary services for marriage certificates and;
- The minimum age requirement remains 16 years of age. Anyone under 18 years of age requires the consent of a parent or legal guardian. A ceremony is considered optional.
Who Can Perform Marriage in Alabama?
Per the Alabama Code, in general, marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is part; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.
Moreover, the Pastor of the religious society, clerk of society to maintain the register of marriages, register, etc., deemed presumptive evidence of the fact. Marriage can be solemnized by the pastor of any religious society according to the rules ordained or customs established by such a society. The clerk or keeper of the minutes of each society shall keep a register and submit therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.
Furthermore, Quakers, Mennonites, other religious societies, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
What Information is Required to Locate a Marriage Certificate?
The Alabama Public Health Vital Records specify the information needed to locate a marriage certificate. For instance, you need to provide as much of the following information as possible for us to locate the marriage certificate:
- Full names before the first marriage of both spouses;
- Date of marriage;
- County where the marriage license was issued;
- Your name;
- Your signature;
- Address where the certificate is to be mailed and;
- Your daytime phone number.
Errors on a marriage certificate must be fixed through the Alabama county probate court which issued the marriage license or recorded the marriage certificate. You must contact the appropriate probate office for more information. Under the new regulations, a wedding ceremony is considered to be optional. You may have a ceremony, but it is no longer required for a recognized marriage in Alabama.
Where Can I Find a Notary?
According to the Alabama Administration Government Services, the notaries are available at many locations, including banks, public libraries, UPS stores, AAA, and some pharmacies. Your bank should provide notary services for free, but there may be a charge for notary services at some of the other listed locations. Under Alabama law, a Notary Public can charge $5 for each notarized signature, and for each official act performed.
Additionally, notaries who drive to meet with you can charge an additional fee or fees to compensate them for the expense of travel. Alabama does not set limits on what a notary can charge for travel. Keep in mind that a list of commissioned notaries is available on the Alabama Secretary of State’s website.
When Do I Need to Contact a Lawyer?
If you reside in the state of Alabama and have any questions about their marriage laws it may be useful to contact a local Alabama family law attorney to assist you in the process. They can provide you with guidance during the process and can represent you in court should a legal dispute arise.
