In order for a marriage to be legal, the marriage ceremony must be performed, with one or two witnesses, by a person recognized by the state to have the authority to perform marriage ceremony (priest, rabbi, judge, etc.).

A religious ceremony should be conducted under the customs of the religion or, in the case of a Native American group, under the customs of the tribe. Religious ceremonies are normally conducted by religious officials, such as ministers, priests, or rabbis. Native American ceremonies may be presided over by a tribal chief or other designated official.

Civil ceremonies are usually conducted by a judge. In some states, county clerks or other government officials may conduct civil ceremonies. Despite what many people believe, NO state authorizes ship captains to perform marriages.

The person who performs the marriage ceremony must send a copy of the marriage certificate to the county or state agency that records marriage certificates. Failure to send the marriage certificate to the appropriate agency might make proof of the marriage more difficult.