An engaged couple has many different options when it comes to choosing a wedding officiant. Of course, ministers, reverends, priests, rabbis, imams, and other religious clergy members regularly marry couples. So do many civil officials and government workers, including judges, magistrates, and justices of the peace. In some jurisdictions, mayors and court clerks can also serve as wedding officiants. Depending on where you live, you can even ask a friend or family member to become ordained and act as your wedding officiant.
With all these possibilities, one officiant option often gets overlooked: the notary public. However, there are many potential benefits to asking a notary to officiate your wedding.
What Is a Notary Wedding?
The term “notary wedding” refers to any marriage ceremony that has a notary public as an officiant. In addition to administering oaths and validating documents, notaries in some states are officially qualified to officiate weddings.
The Six States That Recognize a Notary Wedding
Officiating weddings is something that few states allow notaries to do. Until recently, only four states (Florida, Nevada, Maine and South Carolina) listed performing marriages among the potential duties of its commissioned notaries. Tennessee and Montana added their names to this relatively short list in 2021. So, today, a notary can serve as a state-recognized wedding officiant in:
- Florida
- Nevada
- Maine
- South Carolina
- Tennessee
- Montana
In all these states except one, notaries can perform weddings and authenticate marriages without seeking additional official licensure or government authorization. Nevada, however, requires its notaries to secure a Certificate of Permission to Solemnize Marriages from their local county clerk’s office if they want to officiate a wedding.
Can I Have a Notary Wedding If I Don’t Live in One of Those States?
While notaries in Florida, Nevada, Maine, South Carolina, Tennessee and Montana are uniquely permitted to officiate weddings within their specific state of commission, they cannot officiate weddings outside that state. For example, a Montana notary is prohibited from marrying couples from another state or traveling away from Montana to marry a couple. Colorado and Utah allow officiants to perform online weddings under certain circumstances, but a notary commission doesn’t come with the ability to perform any kind of wedding in those states. Therefore, remote online notarization (RON) powers don’t extend to wedding officiation anywhere in the United States.
The Notary Wedding Process
If you want to get married by a notary, the first step is to ensure that you qualify for that option within your state of residence. Next, you must find a notary who officiates weddings in your desired location, ensure availability and schedule a date for your ceremony. Then you must secure a marriage license from your local county clerk’s office. Both members of the couple seeking to be wed must be present for this.
The other steps in the notary wedding process are very similar to those for any wedding in your state. Official steps include signing your marriage license and delivering it to the county clerk’s office. Unofficial steps include choosing a venue, inviting wedding guests, and incorporating personal touches. At the end of a notary wedding ceremony, the officiating notary files the marriage certificate with the county clerk’s office.
The Legal Considerations of a Notary Wedding
Beyond making sure that your state allows notaries to officiate weddings, you must select a notary with a current appointment in that state. If your chosen notary has a lapsed commission, your wedding will not be legally valid.
Other legal considerations are common to all types of wedding but might vary from state to state. For example, some states require witnesses, and some don’t. Furthermore, some require couples to sign the marriage license before the ceremony, while others require couples to sign the marriage license after the ceremony. You must also ensure that both you and your fiancé meet the general requirements to marry each other in your state.
The Pros and Cons of a Notary Wedding
While notary weddings might encounter venue restrictions and come with limited ceremonial options, they can meet the specific wants and needs of a wide range of couples. If you are looking for a relatively simple and straightforward wedding that is flexible, affordable and generally free of religious trappings, a notary wedding might be right for you!
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