Iowa Marriage License Rules: Application to Ceremony

Prerequisites

In Iowa, marriage is a civil contract between two people. Before entering into a marriage contract, you must procure a marriage license. In order to attain a marriage license, you must submit a marriage license application and pay a filing and recording fee.

This document will plainly walk you through the steps of where to go, what to bring, and what to expect, from application day to ceremony day, and beyond

Common terms

Before we dive into the marriage license process, let's cover a few common terms you'll see bandied about. On occasion, the shorthand version of the following expressions will be used to keep things concise.

license: marriage license
application: marriage license application
certificate: marriage certificate, certificate of marriage
officiant: person authorized to solemnize a marriage
recorder: county recorder, county recorder/registrar
registrar: county registrar, county registrar/recorder

Don't get hung up on any of the above terms (especially recorder/registrar); they'll all be explained when the time comes.

Applying

Iowa welcomes all marriage license applicants, be them Iowans, citizens of neighboring states, or visitors from a foreign land. Anyone is eligible to marry in this great state.

Where to go?

In Iowa, marriage licenses are issued by the County Recorder or County Registrar within the County Recorder's office or County Registrar's office. There are 99 such offices across all 99 counties.

These offices can typically be found in the county courthouse or administration building. You don't have to track down any location: use the provided county list, at the bottom of the page, which contains every office therein.

A license issued from any county registrar can be used anywhere in the state, but only in this state.

Recorder or registrar?

So which is it, recorder or registrar? In this state, it's one and the same; the title is different, but it points to the same person who performs the same function.

State law, forms, and documentation are mostly written to reference "registrar" or "registrar of vital statistics," but in reality, virtually all Iowa registrars refer to themselves as "recorders" or even "recorder/registrar." Registrar is a legacy term that hasn't been frequently employed since the late '90's.

Bring one witness

Believe it or not, you have to bring an adult witness with you when you're completing your application. They have to be 18 years old or over. They'll be required to fill out an "affidavit of competent and disinterested person" form, located on the reverse side of your application.

"Disinterested" means they're unbiased. "Competent" means they're capable of entering a civil contract: not your civil/marriage contract, but a civil contract in general.

When your witness signs the affidavit they're declaring that they know you and your prospective spouse, vouch for the accuracy of what you both state in the application, that both of you are unmarried, that there's no legal impediment or prohibition against you marrying, and that you're going to have your marriage ceremony take place somewhere inside Iowa by an authorized officiant. In essence, they're providing a testimonial.

Documents you'll receive

You'll receive a marriage license following the successful submission of your application. Attached to the license will be a blank certificate of marriage form, which is also referred to as a marriage certificate form.

Whoever solemnizes your marriage must fill out the marriage certificate form and then return it to the office that issued it so that it may be recorded. Once your license is recorded, the recorder will automatically issue you a certified copy of your marriage certificate.

So, in summary, you'll get a marriage license one day and a certified copy of your marriage certificate a bit later, after you're married.

Public records

Your marriage license application and certificate of marriage will both become public records and available for public inspection.

Fees

An Iowa marriage licenses costs $35.00, which includes your license and a certified copy of your marriage certificate after your marriage has been solemnized and recorded. This fee is nonrefundable.

Residency

There are no residency requirements. The application and fees are the same for all applicants, foreign and domestic.

Identification

You must bring at least one form of valid, non-expired, government-issued photo ID. It's used to validate your age and identity. Examples of acceptable forms of ID include a driver's license, state-issued ID card, or passport.

The application

In Iowa, the marriage license application is designed, printed, and distributed by the Department of Public Health's Bureau of Vital Records. This ensures absolute statewide uniformity.

You can pick up a blank application from the county recorder or request it be mailed to you. Even though applications are uniform in design, it's a good idea to obtain it from the office you intend to apply in, as they may supplement it with office-specific instructions, such as accepted payment options, a "payable to" designation, and office hours.

Submitting

You can submit your marriage license application in person or by mail. Both methods have pros and cons.

In person

If you submit your application in person, you must both appear together. This is the approach that most couples choose and prefer, as it allows the recorder to provide a guiding hand during the making of your application.

By mail

While mailing in your application is theoretically the more convenient option, it is a more precarious approach. When mailing it in, it's imperative that everything is filled out properly, as you won't have the recorder there to assist you; an accepted method of payment must be included, made out to the proper designee; and you must get your application notarized, so there's still legwork involved.

Keep in mind, the "affidavit of competent and disinterested person" portion of your application must also be notarized, but it doesn't necessarily have to be by the same notary public that notarizes your application.

The recorder won't mail you your license after receiving and processing your application: either you or your prospective spouse must pick it up, in office.

Form fields

Let's cover a few of the application form fields: what's required, what's not, and the implications of your answers.

Party and gender

The state has designed the application to be gender neutral. Applicants are designated as "Party A" and "Party B"; although, you can optionally choose a more specific title: bride, groom, or spouse.

There's also a separate "gender" field that is optional. The application specifically asks for your "gender" and not "sex"; presumably you can respond with whichever gender you identify with.

Legal name

Your "legal name" is your current full name (first, middle, and last), including suffix. Do not include or use a nickname. You'll also be asked to specify your surname at birth: for women this is referred to as your maiden name.

Legal name after marriage

If you plan to change your name after marriage, then you must specify your new name on the application. Failure to do so would prevent you from undertaking a marriage-related name change by way of your marriage certificate. Specify your subsequent first, middle, and last name, including suffix.

This is the name you'll sign on your certificate of marriage, following solemnization.

Keep in mind, only middle and last name changes are permitted as a result of marriage; first name changes require petitioning the court.

Place of residence

The application is designed to assume your place of residence is a U.S. address or territory: this is why it only provides spaces for city, state, and county (that's "county" not "country").

If you're a foreigner, you'll have to notify the recorder that your address is incompatible with the form and seek council for how they'd wish you to proceed: leave it blank or finagle your country name into the "state" form field.

Perhaps one day the Department of Health will update the application to accommodate foreign addresses, but considering they amount to a miniscule percentage of Iowa marriages, it's understandably a low priority.

Date of birth

Your date of birth is used to calculate your age; to determine if you're eligible to marry without having to obtain consent from a guardian, parent, or judge; to cross-reference against whichever identification you present; and to help build out the state's vast array of genealogical resources and databases.

Parents' birth names

You'll be asked to provide both your parents' names at birth. For your mother, this would be her maiden name. This field is optional. It's also gender neutral, referencing "Parent A" and "Parent B"; although you can choose a more specific designation: mother, father, or parent.

The "parent" fields are not related to fulfilling any parental consent requirement; that's a separate process that must be entirely completed before you even begin your marriage license application.

To ensure confidentiality, your social security number is asked separate from the main application, is for administrative purposes only, and will not to be disclosed as part of the public record.

Your social security number—along with your entire application, license, and marriage certificate—is eventually forwarded to the state registrar of vital statistics by the county recorder. At that point, the state registrar has the authority to pass on your social security number to the state's Child Support Recovery Unit.

Officiant and ceremony date

If you don't know who will officiate/solemnize your marriage or when it will take place, you needn't panic: these are not required fields. The form is merely asking for the "anticipated" ceremony date and officiant name. If you don't know this information, or would prefer not to answer, leave them blank.

Signature and date

When you affix your signature and date, it must be done in the presence of the recorder or notary public. Keep this requirement in mind if you intend to fill out a blank application in advance, either by picking one up in the recorder's office or requesting one by mail.

Protection from abuse

The state requires the following declaration against violence and abuse to appear on every marriage license application, in bold print:

The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage under the full protection of the laws of this state with regard to violence and abuse. Neither of you is the property of the other. Assault, sexual abuse, and willful injury of a spouse or other family member are violations of the laws of this state and are punishable by the state.

You're not required to mark or acknowledge this statement: it simply exists.

Age requirements

Age ranges

Which of the three age brackets do you fall in? Adults, minors, or ineligibles?

18 and over

If you're eighteen years old, the state considers you a legal adult who's old enough to marry without having to consult your mom, dad, or guardian. Consent's a nonfactor for adults.

16 to 17

Sixteen and seventeen year olds represent the only underage group that can marry in Iowa, under strict conditions. If you're of this age group, there are two hurdles for you to overcome: first is obtaining consent to marry from both of your parents or a guardian, and second is getting approval from a district court judge.

15 and under

If you're fifteen years old or younger, you cannot marry. This is the end of the road for you. There is no workaround, loophole, or higher authority to appeal to. Whether you're emancipated, abandoned, pregnant, or a parent, you are forbidden from marrying until you reach the age of sixteen.

Go down the following list, then stop when something applies to you. It's sorted from least likely to most likely.

Guardian exists

If you have a legal guardian, that's who grants consent.

Parents dead or missing

If you have no legal guardian and both your parents are dead or their whereabouts are unknown, then a judge of the district court grants consent.

One parent alive

If you have one surviving custodial parent, that's who grants consent. If they happen to be mentally incompetent, then go to court.

Both parents alive

If both your parents are alive and not divorced, you must obtain consent from both of them. If one is mentally incompetent, get consent from the competent one.

If your parents are divorced, then get consent from the parent that has custody of you. If that parent is mentally incompetent, then go to court.

Consent must be granted in writing before you even begin the application process. The official "consent to marriage" form can be picked up at any recorder's office; it's designed by the state, so they're interchangeable statewide.

Whoever's granting consent can do it in person, before the recorder, or with a notary public. The next step is going to court for approval.

Getting court approval

Going to court is the final piece of the underage marriage puzzle.

Schedule hearing

You'll need to get a hearing scheduled with a district court judge who's in the same judicial district as the county recorder office you intend to apply in. The recorder or district court clerk can assist you in setting this up.

If you're a minor, maybe you need consent to marry and maybe you don't; maybe your parent(s) or guardian is capable of granting consent, but refuse. Whatever your situation, the district court judge makes the final decision.

If you've got a completed consent form in hand, present it to the judge.

If your personal situation is such where consent doesn't apply (e.g., no parents and no guardian), the judge will be the sole decider.

If you've got a parent or guardian who's eligible to grant consent, but they refuse, you can throw a Hail Mary pass and try to get a judge to overrule their refusal. The judge will likely want to hear from your parent(s) or guardian to ascertain if their objection is unreasonable. It's a long shot approach, but it's your only option.

Judge's decision

Once the consent hearing is over, the judge will decide if it's in your best interest to marry. If your consent to marry request is approved, you'll be issued a written order that directs the recorder to issue you a marriage license. If your request is rejected, then your pursuit of marriage is over, until you're of age.

The pregnancy factor

By the way, being pregnant or having given birth to a child wouldn't necessarily equate to you being prepared for marriage in the judge's eyes. If you are pregnant, any court records documenting that fact will be sealed and only available to parties to the marriage or by court order.

Waiting periods

You will be issued your marriage license three business days after you apply for it. This means you'll have to make two trips to the recorder's office: one to submit your application and another to pick up your issued license. Either you or your prospective spouse can return to pick it up.

The following table represents the three business day delay in action.

Apply on	Issued on
Monday	Thursday
Tuesday	Friday
Wednesday	Monday
Thursday	Tuesday
Friday	Wednesday

Note: all recorder offices are closed weekends and certain holidays.

Waiving the three-day wait

If you need to get married before three-day waiting period expires, you can seek a waiver from a district court judge. The judge must be from the same judicial district as the office you applied in. The recorder will prepare the court forms for you and tell you where to go.

When you're in the presence of the judge, you'll have to present a compelling reason why the three-day wait should be waived. If the judge finds there's an emergency or extraordinary circumstance to justify a waiver, they will give you a written order authorizing the recorder to change the valid (or effective) date on the license.

Modification of the three-day wait is referred to as "validating the license," which typically orders your license to be effective immediately, but there's a small likelihood it could be post-dated anytime within the three-day range.

When you have the judge's order in hand, return to the recorder and present them the order. Once you pay the mandatory $5.00 fee, the recorder will "validate" or change the waiting period delay to whatever the judge specified.

If you can't afford to pay the $5.00 fee, be sure to tell the judge that before the order is issued so that an additional instruction can be directed to the recorder to put aside the fee.

Six month reserve

If you don't return to pick up your license from the recorder's office within six months of applying, it will be void. You will not be granted a refund for failure to pick up a voided license.

Expiration

Iowa marriage licenses don't expire once they're issued. This is an oddity, as most other states force their licenses to expire after a certain period of time.

Previous marriages

The only thing that matters about your previous marriages is that they've been disbanded. You are not required to provide proof of your prior marriage ending by way of a divorce decree or death certificate.

Prohibited marriages

The following marriages are prohibited by the state and would be void if constituted.

Relatives

As in most states, Iowa outlaws marriage between the following blood relations:

Grandmother
Grandfather
Mother
Father
Son
Daughter
Grandson
Granddaughter
Aunt
Uncle
Niece
Nephew
First cousin

Iowa's family member marriage ban is based on consanguinity, or blood relations; it makes no mention of relationships based on adoption. Presumably, this omission would not rule out marriage between stepsiblings, or first cousins related through adoption instead of blood.

Living spouse

If you have a living husband or wife, then you cannot marry until that marriage has been fully dissolved. Legal separation is not considered a form of dissolution; your existing marriage must be finalized in divorce.

Validating bigamy

If you enter into a bigamous relationship, it is subject to voiding, if discovered. If it is found it out, the bigamous marriage can be legally salvaged and deemed valid if you and your bigamous spouse have cohabitated since your marriage, and your previous spouse has died or the previous marriage has finally been dissolved after the fact.

Ward lacking capacity

If you are a ward who has been deemed incompetent or lacking capacity by a court of valid jurisdiction to enter a marriage contract, then you cannot marry.

The ward of a guardian is typically thought to be a minor, but there are adults (well over the age of 18 or 21) who continue to have court-appointed guardians oversee their interests.

Solemnization

Solemnization is the act of presiding over one's marriage. This is also referred to as "officiating" a marriage.

Who may solemnize?

In short, you can be married by a judge, cleric, or yourself.

Judge

You can be married by a judge of the district court, court of appeals, or supreme court; a district associate or associate juvenile judge; or a judicial magistrate.

Religious official

You can also be married by any religious official who's been ordained or authorized to perform solemnizations on behalf of any religious institution, organization, or society.

Self-solemnization

You don't have to employ the services of a judge or cleric to solemnize your marriage: you can do it yourself: it's called self-solemnization. If you go this route, you'll be responsible for completing and returning your completed marriage license and certificate.

Witnesses

You must have two adult witnesses attend your ceremony. They must be competent, meaning they understand and appreciate the significance of what they're witnessing.

Civil ceremony

If you'd prefer to be married in a civil ceremony, you'll have to make the arrangements yourself. The recorder can point you in the right direction, but you'll have to request the judge and pay the separate ceremony fee.

You can request your ceremony be held in the judge's chambers or open court. Be sure to bring your two witnesses. There will be a fee charged, but it won't go in the judge's pocket; judges only get paid directly for performing solemnizations that take place outside regular judicial hours.

Completing the certificate

Once vows have been exchanged and the ceremony has concluded, the certificate of marriage portion of the marriage license must be legibly filled out in black ink.

This is a simple process of documenting when and where the marriage was conducted; who performed the ceremony; you and your spouse's signatures, using the legal name after marriage you chose on the application; and witnesses' names and signatures. Once that's done, the license and certificate is ready to be returned to the recorder.

Returning the certificate

Your completed certificate of marriage must be returned to the county recorder that issued it no later than 15 days following the marriage ceremony so that it may be recorded. Failure to do so would result in a $50.00 fine.

Recording

Once your certificate of marriage has been returned to the county recorder, it will be registered and indexed in a marriage record book kept for that purpose. The original certificate will be forwarded to the state registrar no later than the tenth of the following month.

Marriage certificate

It's worth reiterating a point made earlier in the documents you'll receive section: "marriage certificate" and "certificate of marriage" are synonyms that refer to the same document, so don't get confused if you hear one phrase over the other.

Automatic certified copy

The county recorder will automatically mail you out a certified copy of your certificate of marriage after it's been recorded. The marriage certificate is what you'll use to change your name, if you so choose.

If you need this certified copy quickly, then urge your officiant to return the completed certificate to the registrar as soon as possible, instead of waiting until the end of the permitted 15 days.

Ordering extra certified copies

Although the state registrar is forwarded your original certificate of marriage while the county recorder maintains a copy, bona fide certified copies can be ordered from either office for $4.00. You can order spare copies at the same time you apply for your license.

Proxy marriage

You are not permitted to get married by proxy. A proxy marriage is used when you or your prospective spouse can't attend the marriage ceremony, so you ask an intermediary to take the place of the missing person; this person serves as the proxy.

Proxy marriage is often used for prisoners, or members of the armed forces who are on active military duty outside the state or country.

Foreign marriage

If you get married in another state, territory, or foreign country your marriage will be recognized as valid in Iowa as long as it doesn't violate any of the state's age requirement or prohibited marriage provisions.