Getting married in Mississippi sounds simple. But there are rules most couples don’t know about until it’s too late. This guide breaks it all down for you.
Whether you’re planning your big day or just curious about the law, you’re in the right place. Let’s walk through everything step by step.
What Is a Legal Marriage in Mississippi?
A legal marriage in Mississippi is a formal union between two people. It requires a license, a ceremony, and an authorized officiant. That’s it at the core. But the details matter a lot.
Mississippi has some unique rules that set it apart from other states. For example, the age requirement here is different from almost everywhere else in the country. Stay with me here, because this part surprises a lot of people.
Who Can Get Married in Mississippi?
The Age Requirements
Here’s where it gets interesting. Mississippi is one of the only states where you must be 21 to marry without anyone’s permission. Most states set that age at 18. Mississippi sets it at 21.
If you’re under 21, you need written consent from a parent or guardian. The rules also vary based on gender. Males must be at least 17 to marry with parental consent. Females must be at least 15.
Wondering what happens if someone is even younger? If a male is under 17 or a female is under 15, only a court judge can approve the marriage. The judge must find good reasons to allow it. This is a serious process, not a simple form.
Mental Capacity and Sobriety
This one surprises people. You cannot get a marriage license if the clerk believes you are intoxicated or mentally incapable of understanding what marriage means. The clerk has the authority to turn you away.
Both people must be able to consent fully. A marriage can be invalidated later if someone lacked that capacity at the time.
The Marriage License Process
Where to Apply
You apply at the circuit clerk’s office in any Mississippi county. No residency requirement exists. You don’t have to live in Mississippi to get married here. Out-of-state couples can apply just like residents.
Both of you must show up in person together. You cannot send someone else or apply online. The clerk needs to see both of you.
What You Need to Bring
You need to prove your identity and age. Mississippi accepts a wide range of documents. A birth certificate works. So does a driver’s license, military ID, baptismal record, school record, or insurance certificate.
If either of you was previously married, bring proof that it ended. Some counties require a divorce decree, especially if the divorce happened within the last six months. Check with your specific county before you go.
The Cost
License fees vary by county. Most counties charge between $21 and $37. Some may charge slightly more. Cash is often the only accepted payment, so call ahead.
Okay, pause. This is worth repeating: call the specific county clerk’s office before your visit. Requirements can vary from one county to the next.
No Waiting Period
There is no waiting period in Mississippi. You can get your license and get married the same day. That’s actually pretty rare for a state.
The license also does not expire once issued. You can wait as long as you need before the ceremony. However, you must complete the marriage and return the paperwork to make it legal.
Who Can Perform the Ceremony?
Authorized Officiants
Mississippi law is specific about who can legally marry you. Ordained ministers of any recognized religious group can perform ceremonies. Judges of the Supreme Court, Court of Appeals, circuit courts, chancery courts, and county courts are also authorized. Justice court judges and members of boards of supervisors can officiate within their counties.
Not sure who qualifies? Honestly, this is the part most people miss. You need to verify your officiant’s credentials before the ceremony. A marriage performed by an unauthorized person may not be valid.
Online-Ordained Ministers
Good news for couples who want a friend or family member to officiate. Online ordinations through recognized organizations like the Universal Life Church are generally accepted in Mississippi. The officiant should be prepared to show credentials. Some county clerks require proof of ordination when the marriage license is returned.
Check with the specific county clerk where you applied. Requirements vary.
What Happens During the Ceremony
The ceremony itself has just one legal requirement. Both people must declare their consent to marry in the presence of the officiant. That’s really all the law requires. Everything else is personal choice.
After the ceremony, the officiant must sign the license and return it to the circuit clerk within five days. This step is mandatory. Skipping it means your marriage may not be officially recorded.
Marriages That Are Not Allowed
Close Relatives Cannot Marry
Mississippi law prohibits marriage between close relatives. Siblings cannot marry. Parents and children cannot marry. Grandparents and grandchildren cannot marry. Aunts, uncles, nieces, and nephews cannot marry. First cousins by blood cannot marry.
These restrictions apply in both directions. The law covers both blood relatives and certain step-relatives as well. Any marriage in this category is void from the start.
Bigamy Is Illegal
You cannot marry someone if either of you is still legally married to another person. Mississippi requires your previous marriage to be fully dissolved before you can remarry. Bring proof of divorce or a death certificate if applicable.
Many people assume this is checked automatically. It’s not always. Don’t be one of them.
Same-Sex Marriage in Mississippi
Same-sex marriage became legal nationwide in 2015 following the U.S. Supreme Court ruling in Obergefell v. Hodges. Same-sex couples in Mississippi have the same marriage rights as any other couple. They apply at the same clerk’s office, follow the same steps, and receive the same legal recognition.
Mississippi’s state statute still contains old language banning same-sex marriages. But that language has no legal force. Federal law overrides it. Same-sex marriages are fully valid and recognized in Mississippi.
In 2026, the Mississippi Legislature introduced a resolution asking the Supreme Court to revisit the issue. That resolution carries no legal weight. Same-sex marriages remain valid under current law.
Common-Law Marriage
Mississippi does not recognize new common-law marriages. This has been the case since April 5, 1956. Living together for years, sharing finances, and presenting yourselves as married does not create a legal marriage in this state.
If you want legal marital rights in Mississippi, you need a license and a ceremony. No exceptions.
Here’s a situation worth knowing about: if you formed a valid common-law marriage in another state like Texas, Colorado, or Kansas, Mississippi will recognize it. You would need to prove the marriage met the legal requirements of the state where it was formed.
Marriages From Other States and Countries
Mississippi generally honors marriages that were legally performed elsewhere. If you married in another state or country and your marriage was valid there, Mississippi recognizes it. The main exceptions are marriages that violate Mississippi’s prohibitions, such as incestuous unions.
So if you’re moving to Mississippi after marrying elsewhere, your marriage is valid here.
What Happens After the Ceremony
Returning the License
The officiant must return the completed marriage license to the circuit clerk within five days of the ceremony. This is not optional. It is how your marriage becomes officially recorded with the state.
The clerk files a statistical record of marriage with the Mississippi State Department of Health. This becomes your permanent record.
Getting a Certified Copy
After the license is returned, you can request a certified copy of your marriage certificate from the circuit clerk’s office. This document is essential for legal name changes and updating your records.
Changing Your Name
You can indicate a name change directly on the marriage license application. After the wedding, update your Social Security card first. Then update your driver’s license and other accounts. The marriage certificate is the document you’ll use to prove the name change everywhere.
How to Get Married in Mississippi: Step by Step
You’re gonna love this part. It’s simpler than it sounds when you lay it out.
First, confirm both of you meet the age requirements. If either of you is under 21, gather written parental consent. Second, gather your documents. Bring ID, proof of age, and divorce papers if applicable.
Third, go to any county circuit clerk’s office together. Fill out the application and pay the fee. Fourth, have your ceremony with an authorized officiant. Make sure both of you declare your consent to marry.
Fifth, confirm your officiant returns the completed license to the clerk within five days. Finally, request a certified copy of your marriage certificate for your records.
Pretty straightforward. Right?
Frequently Asked Questions
Do I need to be a Mississippi resident to get married here?
No. There is no residency requirement. Any couple can get married in Mississippi regardless of where they live.
Is there a waiting period after getting a marriage license?
No. You can get married the same day you receive your license. There is no mandatory waiting period in Mississippi.
Does my marriage license expire?
No. Once issued, a Mississippi marriage license does not expire. You can schedule your ceremony whenever you’re ready.
Can a friend or family member officiate my wedding?
Yes, if they are ordained through a recognized religious organization. They should be prepared to show proof of ordination. Some county clerks require credentials when the license is returned.
Are same-sex marriages legal in Mississippi?
Yes. Same-sex couples have the same marriage rights as all other couples in Mississippi under federal law.
Can first cousins marry in Mississippi?
No. First cousins by blood are prohibited from marrying under Mississippi law.
What if I was previously married?
You need proof that your previous marriage ended. A divorce decree or death certificate is required, especially if the divorce was recent.
Is common-law marriage recognized in Mississippi?
No, not for new relationships. Mississippi stopped recognizing new common-law marriages after April 5, 1956. Common-law marriages formed in other states may be recognized.
Final Thoughts
Mississippi has some unique marriage rules. The age requirement alone sets it apart from most other states. Now you know what to expect before you walk into that clerk’s office.
Know your documents, verify your officiant, and return that license within five days after the ceremony. Those three things will save you a lot of headaches.
When in doubt, call the county clerk ahead of time or speak with a family law attorney. Every county has slight differences. A quick phone call can prevent a big problem.
Stay informed, stay prepared, and enjoy the big day.
References
- Mississippi Code § 93-1-5 – Marriage License Requirements (FindLaw)
- Mississippi Code § 93-1-1 – Prohibited Marriages (Justia)
- Mississippi Code § 93-1-17 – Who May Solemnize Marriage (American Marriage Ministries)
- Mississippi Marriage Laws: Requirements and Restrictions (LegalClarity, 2026)
- How to Get Married in Mississippi (DocDraft, 2026)
- Mississippi Wedding Laws – Universal Life Church
