Marriage License - F.A.Q.
· What are your hours of operation?
o Monday – Friday from 8:00 a.m. to 4:45 p.m. You should arrive no later than 4:30 to begin the 10-15 minutes application process.
· Where is Probate Court located?
o The Marriage License office is located on the first floor of the Mobile County Government Center Annex Building at 151 Government Street which is located directly next door to Mobile County Government Plaza in Downtown Mobile, Alabama.
· How much does the marriage license cost?
o $73.00 – this can be paid with cash, money order or credit card – NO checks are accepted at the marriage license windows.
· Can I complete the marriage license application online?
o Please be sure to complete the application leaving no fields empty. When the application is accepted you will receive a 6 digit confirmation code.
· What form of identification is required to obtain a marriage license?
o If you are 18 years or older, acceptable forms of identification include, but are not limited to: any valid/current government (state of federal) issued photo I.D., i.e. driver’s license I.D., military I.D., certified copy of state issued birth certificate, other state issued non-driver’s license I.D., passport or other government issued I.D.
· Is a Social Security number required to receive a marriage license?
o NO. If an applicant does not have a social security number, the applicant may submit an affidavit attesting to the fact that they have never been issued a social security number. Alternatively, an applicant may also submit a current letter from the Social Security Administration documenting that he or she was never issued a social security number.
· Do both marriage license applicants have to be present to obtain a license?
o YES. There are NO exceptions made for military members, prison inmates or others wishing to obtain a marriage license. Both parties must be present in Probate Court for the marriage license to be issued.
· Can a marriage license be issued to an applicant who is not a United States Citizen?
o YES. A valid and current I.D., such as a passport, will still be required.
· Can we get married at Probate Court?
NO. Probate Court does not perform any marriage
· Can Probate Court recommend someone to perform the wedding ceremony?
o NO. Probate employee can offer any recommendation regarding any particular person who may be able to perform the wedding ceremony. Following is the relevant Alabama Code Section regarding who can legally perform a wedding ceremony:
Persons authorized to solemnize marriages.
(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member, by a judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court or any district court within this state, by a judge of any federal court, or by a judge of probate within his or her county, or any retired judge of the Supreme Court, retired judge of the Court of Criminal Appeals, retired judge of the Court of Civil Appeals, retired judge of the circuit court, retired judge of the district court within this state or a retired judge of probate within his or her county.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.
(c) Quakers, Mennonites or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
(Code 1852, §1946-1948; Code 1867, §2335-2337; Code 1876, §2674-2676; Code 1886, §2311-2313; Code 1896, §2841-2843; Code 1907, §4881-4883; Code 1923, §8995-8997; Code 1940, T. 34, §6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, § 1.)
· Does my marriage license expire?
o YES. The marriage license is only good for 30 days after issuance.
· Do I have to get married in Alabama?
o YES. The marriage license you receive is only valid in Alabama.
· What is the legal age to marry in Alabama?
o Only persons 18 years and older can legally marry in Alabama without parental consent.
· Can I get married if I am under 18 years old?
o Alabama Code § 30-1-4: Persons under the age of 16 years is incapable of contracting marriage.
o Alabama Code §30-1-5: If the person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the judge of probate shall require the consent of the parents or guardians of the minor to the marriage, to be given either personally or in legally executed writing.
o The consent of both parties shown on the applicant’s birth certificate is required regardless of the circumstances, unless one’s parental rights have been terminated or is deceased. Valid, legal proof of the same will be required.
o Sole custody granted to one parent alone does not remove the requirement for the consent of the other parent.
o The minor seeking a marriage license must also submit a state certified copy of their birth certificate. A hospital certificate of birth is not acceptable.
· Can I obtain a marriage license if I am recently divorced?
o If you have been divorced please be prepared to tell us the date and the court in which you obtained the divorce. In Alabama you may not apply for a license within 60 days after your divorce was granted (the date of the written decree), unless you are marrying your former spouse. Laws vary from state-to-state and the applicant is responsible for understanding the laws regarding remarriage in the state in which they were last married/divorced, i.e. if you were last married and divorced in Florida the remarriage laws from Florida are applicable.
· What evidence of proof of marriage will I receive back from Probate Court?
o Approximately two weeks after your completed, executed marriage license is returned to Probate Court you will receive a Probate Court certified copy of your marriage license. This copy can be used to change your name on your driver’s license, social security cards or other legal documents and records as you may desire. Please do not ask Court personnel to make special arrangements.
· What if there is a mistake on my marriage license?
o It is extremely important that you closely examine your license for any errors at the time of issuance. You will be asked multiple times to check the license for accuracy. After the license is returned to Probate Court, processed and forwarded to Vital Records in Montgomery mistakes/errors are more difficult to correct. If a mistake is discovered after you receive the certified copy from Probate Court it will require official Court action along with an official Court order to correct the license. There are NO exceptions to this procedure.
· What if I lose my marriage license?
o A replacement can be issued at a cost of $10.00. Please note; both parties listed on the application must be present and show valid identification for a replacement license to be issued. If the applicants live out of town or out of state you will need to contact Probate Court directly for instructions.
· What if my license expires before my marriage ceremony occurs?
o You must apply for and purchase a new license at the original issuance fee of $73.00. There are NO exceptions to this rule.