All persons who wish to marry in Massachusetts must have a marriage license issued in Massachusetts. An out-of state license cannot be used. The procedure for obtaining a license is outlined below.
HOW TO APPLY: Both parties must apply in person for a license. All persons must be age 18 or older and present proof of age when applying. This is necessary for both residents and non-residents of the Commonwealth. You must jointly file intentions to marry and you may do so with the Town or City Clerk in any community in the state. If one party is active duty military or incarcerated in a county house of correction or a state correctional facility, the intentions may be filed by either party, provided one is a Massachusetts resident. A license, once issued, is valid for 90 days from the date the intentions are filed and may be used in any Massachusetts City or Town. It is not valid outside the state.
WAITING PERIOD: There is a mandatory 3 day waiting period for the license. While Saturday, Sunday and holidays are included in the three days, the day the application is made is not. For example, if you apply on Friday, your license will be issued on or after Monday. The license may be mailed, but it is recommended that one of the parties pick it up to check that all the information on the license is correct.
WAIVERS OF WAITING PERIOD & AGE: Waivers of the three day waiting period can be obtained by court order. If a need to dispense with the 3 day period exists, the couple may apply to the judge of a probate or district court to have the license issued without delay. The couple should file the intentions first, and then the application for a waiver can be filed. After a hearing the court may issue a certificate allowing the marriage license to be issued immediately and the marriage performed without delay. If one or both of the parties are under the age of 18 then a court order must be obtained from the probate or district court where the minor resides before the intentions can be filed.
DIVORCED APPLICANTS: You are not required to present a divorce certificate when filing for intentions; however, it is extremely important that an individual who has been divorced is certain that the divorce is absolute. If you are uncertain as to the absolute date of the divorce, you should contact the court where the divorce was granted. In Massachusetts, a divorce does not become absolute until 90 days after the divorce nisi has been granted, regardless of the grounds for the divorce.
COST: The filing fee in Merrimac is $25.00 which includes one certified copy of the marriage. The fee will vary from town to town.
For further information contact the office during regular business hours.
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