Yes, you can get married at a courthouse in Alabama, but the courthouse visit that actually makes you married is a filing appointment, not a ceremony. Since August 29, 2019, Alabama has replaced the marriage license with a single form: both spouses sign a Marriage Certificate in front of a notary, and one of you delivers it to any county probate court within 30 days. The probate court records it, and you are married. A courthouse ceremony is available in many counties if you want one, but it is optional and has no effect on whether the marriage is legal.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know
The Courthouse Visit Is a Filing, Not a Wedding
Alabama is the only state that has done away with the marriage license entirely. Probate courts no longer issue licenses or approve applications. Instead, couples complete a standardized Marriage Certificate form, get it notarized, and hand it in to be recorded.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know No judge reviews eligibility beforehand. No officiant has to sign anything. The recorded form is the marriage.
That means the courthouse trip you have to make is the trip to file. A ceremony can still happen, at the courthouse or anywhere else, but it is decorative from a legal standpoint.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know
Who Can Marry in Alabama
Both spouses must be at least 18. A 16- or 17-year-old can marry with a notarized affidavit of consent from a parent or guardian, filed with the probate court.2Alabama Legislature. Alabama Code 30-1-5 – Consent of Parents Required for Marriage of Minors No one under 16 can marry in the state.3Alabama Legislature. Alabama Code 30-1-9.1 – Requirements for Marriage; Validity
Both people must be legally competent and not currently married to anyone else. Marriage between close blood or adoptive relatives is prohibited under the state’s incest statute. There is no waiting period for first marriages or for people whose divorces were granted outside Alabama. If either spouse was divorced in Alabama, though, neither party can remarry anyone other than each other for 60 days after the divorce judgment, or during any appeal filed within that window.4Alabama Legislature. Alabama Code 30-2-10 – Sixty-Day Restriction on Remarriage of Parties After Grant of Divorce or Pending Appeal of Divorce
Alabama residency is not required. Out-of-state couples and even residents of foreign countries can marry here if they meet the eligibility rules and complete the form correctly. If a spouse has never been issued a Social Security number, that field on the form is left blank; no substitute number is required.5Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
Filling Out and Notarizing the Form
The Marriage Certificate form is available for download from the Alabama Department of Public Health website. Some county probate courts also post it online or keep printed copies at the counter.1Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know It asks for each spouse’s full name, address, date and place of birth, Social Security number, and parents’ names and birthplaces.
Both spouses have to sign the form in the physical presence of an Alabama notary public. Electronic signatures are not accepted from either spouse or the notary, and a form signed electronically will be rejected by the probate court.5Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate Alabama law caps notary fees at $10 per notarial act, and government-employed notaries cannot charge at all for notarizations performed as part of their public duties.6Alabama Legislature. Alabama Code 36-20-74 – Fees
Filing at the Probate Court
Once the form is notarized, it has to reach a probate court within 30 days of the later signature. You can file in any Alabama county, regardless of where you live or where you signed.5Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
Recording fees vary by county:
- Mobile County: $73.007Mobile County Probate Court. Document Recording
- Montgomery County: $78.50, which includes one certified copy8Montgomery County Probate Court. Marriage License
- Jefferson County: $84.509Probate Court of Jefferson County, Alabama. Marriage Certificates
- Madison County: $89.0010Madison County, AL. Marriage Certificate
Because filing is not tied to residence, couples watching costs can pick a lower-fee county.
Miss the 30-day window and the form is invalid. You would need to fill out a new Marriage Certificate, get it notarized again, and deliver it within a fresh 30-day period.5Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate If you are planning a wedding trip and want a few sightseeing days before filing, count carefully.
When You Are Legally Married
The marriage date is the date the last spouse signs the form, provided the probate court records it within 30 days. Sign together and that shared date is your anniversary; sign on different days and the later one controls.5Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate Recording is what makes the marriage legal, but the effective date reaches back to the signing.
This gap matters at year end. Sign on December 28 and get the form recorded on January 3, and your marriage date is December 28, which controls your federal filing status for that whole calendar year.
Booking a Ceremony at the Courthouse
Plenty of probate courts will perform a ceremony if you want one. Probate judges are among the officials authorized to solemnize marriages in Alabama, along with licensed ministers and active or retired judges of circuit, district, appellate, state Supreme, and federal courts.
Call the probate court where you plan to file and ask about ceremony availability. Most take appointments during regular business hours, and some cap the number of guests. Bring the completed, notarized Marriage Certificate and photo identification for both spouses.
Ceremony fees are modest and vary by county. Montgomery County, for instance, charges a combined $88.00 for the ceremony, filing, and one certified copy, only about $10 above the standard filing fee.8Montgomery County Probate Court. Marriage License Not every probate court performs ceremonies, so confirm before you show up with a wedding party.
Getting Certified Copies After Filing
Once the form is recorded, the probate court that filed it can issue certified copies. Extra copies at the court are cheap: Montgomery County charges $2.00 per additional copy,8Montgomery County Probate Court. Marriage License and Mobile County charges $3.00.7Mobile County Probate Court. Document Recording
You can also order copies later from the Alabama Department of Public Health’s Center for Health Statistics. A search there is $15.00 and includes one certified copy, with additional copies of the same record at $6.00 each.11Alabama Department of Public Health. Vital Records Application Picking up extras at the probate court on filing day is usually the cheaper move.
Common-Law Marriage No Longer Applies
Living together and presenting yourselves as married does not make you married in Alabama. The state abolished common-law marriage effective January 1, 2017. No new common-law marriage can be created, though those validly established before that date are still recognized.12Alabama Legislature. Alabama Code 30-1-20 – Common-Law Marriage Abolished The only way to be legally married in Alabama now is to complete the Marriage Certificate form and get it recorded.