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Robert B. Tuttle
Justice of
the Peace
1-866-GaysWed
(1-866-429-7933) |
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Obtaining
a Marriage License in Massachusetts
How to Apply for a License
Waiting Period
Waiting Period Waiver
Cost of License
Age
Requirement
Medical Certificates
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You
Both Must be Residents of Massachusetts, New Mexico or Rhode
Island |
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Former Massachusetts Governor
Mitt Romney's order
in 2004 to clerks across the state not to issue licenses to same-sex couples
from outside Massachusetts is based on a 1913 law that says marriage
licenses cannot be issued to out-of-state couples if their marriages would
be "void" in the couples' home states. The seldom used law dates
back to a period when interracial marriage was illegal. A spokesperson for the
former governor
said that clerks violating the law could be prosecuted. Under state law,
officials who issue a license "knowing that parties are prohibited" can face up
to a $500 fine or a prison sentence of up to a year.
In March 2006, the State's
highest court ruled that the 1913 law applies only to states where gay
marriage was explicitly banned. Gay marriage is not banned in New Mexico or
Rhode Island.
On September 29, 2006, a
Massachusetts Superior Court judge ruled that same-sex couples from Rhode
Island have the right to marry in Massachusetts.
On July 18, 2007, the
Massachusetts' Registrar of Vital Records instructed city and town clerks to
give marriage licenses to gay couples from New Mexico
because their home state has not explicitly banned same-sex marriage.
New Mexico joins Rhode Island
as the only states whose gay residents are allowed to marry in
Massachusetts. But neither Rhode Island nor New Mexico has said it would
recognize the marriages after its residents return home.
To obtain a marriage license
in Massachusetts,
you both must be residents of the States of Massachusetts, New Mexico or
Rhode Island. PLEASE NOTE: An out-of-state
license cannot be used.
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How to
Apply for a License |
How do we apply for a marriage license?
You must
both apply in person for a marriage license. According to Massachusetts law, you
must jointly file intentions to marry, and you may do so with the city or town
clerk in any community in the state. If a person is in the military, intentions
may be filed by either party, providing one is a Massachusetts resident. If a
person is incarcerated in a county house of correction or a state correctional
facility, intentions may be filed by either party. 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.
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Waiting
Period |
Is there a waiting period from the date of application to the date the
license is issued?
Yes, there is a mandatory three-day waiting period. While Sundays 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. Check with your town clerk to determine whether you must pick it up in
person, or if it can be mailed.
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Obtaining a Waiver of the Waiting Period
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May
we marry before the three days for good reason?
Yes,
if you can obtain a court waiver after filing intentions. According to MGL
Ch. 207:30, if both parties are residents, or non-residents, or one of each,
and they need to dispense with the three days, they 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 clerk. 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 clergyperson or an attending physician shall suffice and the
clerk can issue the certificate without delay.
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How do we obtain a waiver?
You should file your intentions first with any city or town clerk. Then an
application for a waiver must be filed by both of you at a probate or district
court. After a hearing, the court may issue a certificate allowing the marriage
license to be issued, and the marriage performed without delay.
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Cost of License |
What is the cost of a marriage license?
Fees in most communities range between $4 and $15 dollars. The state statute
stipulates a fee of $4 for the license but it allows cities and towns by a vote
of their city councils, boards of selectmen or town meeting, or by a change in
the by-laws, to set their own fee.
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Age Requirement |
At
what age may a man or woman marry?
A Massachusetts resident may marry if he or she is 18 years of age or older.
A birth certificate may be required to show proof of age.
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What if one or both of us is under 18?
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.
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Medical Certificates |
Medical
certificates (blood tests) are no longer required to obtain a marriage license
in Massachusetts.
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Justice Robert B. Tuttle is a member of the
Massachusetts Justice of the Peace Association. |
To talk more about
planning your ceremony, please email me at
getinfo@gayswed.com
1-866-GaysWed
(1-866-429-7933) |