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Iowa Family Law

The Legal Process of Filing a Marriage Application in Iowa

October 2, 2024

Marriage application

Don't overlook the crucial step of applying for a marriage license in Iowa; submit your notarized application at least three days before the wedding to avoid delays.

Key Takeaways

  • Despite meticulous wedding planning, the marriage license application process is crucial and cannot be overlooked or delayed.
  • In Iowa, you must apply for a marriage license at least three days before your wedding, and the application requires a witness and notary stamp.
  • Ensure your marriage license application is submitted and approved well in advance to avoid any legal impediments to your marriage ceremony.
  • Marriage and wedding planning can be daunting. There are ongoing checklists, follow-ups, appointments, meetings, and communication that must occur for the day to go without flaws. The fact of the matter is that even with the most pristine planning, not everything will go according to plan.  

    Thankfully, at the end of the day, you will still be married to your spouse and beginning the start of your forever. That being said, there is one step that you cannot fool around with, and that is easy to forget in the wedding planning process: the marriage license application. While this step on the "to-do" list may not be as exciting as cake tasting and wedding dress shopping, it should not be put off until the last minute.  

    The Process  

    In Iowa, you must obtain a marriage license before entering into a marriage. You must complete and submit a marriage license application to obtain a marriage license. The marriage license application can be found online. The application will require a witness and a notary stamp.  

    Witness  

    • The witness must be over the age of 18 years old;  
    • They must be an unbiased, disinterested person;  
    • They must be competent and    
    • They must be able to attest that they know both parties wishing to enter into a marital agreement, that both are unmarried, that there is no legal impediment against the marriage, and that the ceremony will take place within the state of Iowa.  

     

    Filing of Application  

    • Once the application is completed, you must present it to the County Recorder or County Registrar and pay a small filing and recording fee, typically $35.00.  
    • The recording office is located in your county courthouse or administrative building. There is an office in every county in the state of Iowa.  
    • The application does not have to be filed in your county of residence or the county where the marriage will take place so long as the marriage occurs in the state of Iowa.  
    • Keep in mind that the application becomes null and void if a license is not retrieved within six (6) months from the date of the application, so begin the process less than (6) months before the wedding day but more than one (1) week to give yourself some wiggle room.  

     

    Receipt of Marriage License  

    • You will be given a marriage license after you submit your application.  
    • The License will not be valid until three days after the application's acceptance date.  
    • You may be able to get a waiver so that there is no three-day waiting period, but you would need to offer a compelling reason for needing a waiver from the waiting period.  
    • There will be an additional fee associated with the waiver application  
    • Attached to the license will be a blank Certificate of Marriage  

     

    Certificate of Marriage  

    • After the marriage is complete, the person solemnizing the marriage must fill out the Certificate of Marriage form.  
    • After the form is completed, it must be returned to the recorder's office.  
    • Once recorded, the recorder will issue a certified copy of your Marriage Certificate. You will get a Marriage License prior to the marriage, but the Certificate of Marriage will not be issued until after the marriage.  

     

    In sum, do not push off filing a marriage application. Due to the three-day waiting period, pushing it off to the last minute is not recommended, as there is no guarantee that a waiver of the waiting period will be granted. If you have any additional questions or concerns, do not hesitate to contact your local recording office. They will be well-versed in the application and recording process. As mentioned above, many things can go not according to plan and the end result on wedding day will still be the same: a marriage. Unfortunately, the marriage application process is not a forgiving part of the plan. With no marriage application or license, the day will not result in a marriage, no matter how perfect all other things are.

    Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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