The full courthouse wedding process: five steps and two constraints
If you're skipping the wedding and doing only the legal process, the whole thing is these five steps. Typically $50 to $300 all in (license plus ceremony), and the time goes mostly on waiting and queuing.
Five steps
- BookYou can book directly on the county clerk's official website. Popular dates in some counties are hard to get, so you need to book a week or two in advance.
- Apply for the licenseBoth of you must be present in person. Remember to bring original IDs, plus cash or a check (see item 4 of the checklist).
- Observe any waiting periodCalifornia has no waiting period, so you can use it right away, but some states require waiting 1 to 3 days (see item 3 of the checklist).
- The courthouse ceremonyThis is a civil ceremony, and it takes about 10 to 15 minutes.
- Collect certified copiesYou can request it 2 to 6 weeks after the ceremony, and I suggest ordering 3 to 5 copies at once (see item 10 of the checklist).
Some counties let you apply and hold the ceremony the same day (where there's no waiting period); others need two trips. Ask when you book.
Constraint one: weekday business hours only
Most courthouses only do this on weekdays, with limited slots. Which means:
- Both of you need time off work
- Popular dates (Valentine's Day, repeating-digit dates) book earlier
- "Let's go get married today" generally doesn't work
Constraint two: what you wear
There's no hard rule, but being too casual can get you asked to change. Shorts, flip-flops and tank tops are the usual reasons people get turned away.
Dress as you would for any formal occasion. There will be photos that day, and plenty of people regret afterwards having dressed too casually.
What to bring on the day
- Original IDs
- A witness (depending on the state; California's public license requires 1)
- Cash or a checkMany county offices don't accept credit cards.
- Arrive 30 minutes earlyOnce you get there, you will need to go through security screening and take a little time to find the right office (see item 8 of the checklist).
Who this route suits
- People who don't want a weddingLegally speaking, these two are completely identical, with no difference whatsoever.
- People on an immigration clockGet the legal marriage done first so your I-130 can start moving without waiting for the wedding day.
- People who entered on a K-1The 90 days is a hard deadline, so get registered at the courthouse first (see item 71 of the checklist).
- People planning a destination weddingA ceremony held abroad isn't automatically legally valid in the US, so completing your registration here first is the safest bet (see item 124 of the checklist).
- People who'll have a big wedding laterKeeping the legal process separate from the wedding means you won't have to worry on your wedding day about whether the license was signed and returned.
One thing to settle in advance
If you plan to "do the courthouse now, wedding later," your legal marriage date is the courthouse date. Every later form, tax return and immigration document uses that date.
Make this clear to both families up front to avoid different ideas later about which day is your actual anniversary (it is a small thing, but better said than not).
In one line
Of the five steps, booking and the waiting period are what trip people up; dress a bit formally, because there will be photographs.