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Marriage - State Laws
New Hampshire


New Hampshire


ID Requirement: Valid picture identification and Social Security number.

Acceptable identification includes:

- Valid driver's license

- Valid Identification Card from DMV

- Valid Passport

- Valid Military ID

- Resident Alien card

- Certified or original birth certificate.

- If it is a foreign birth certificate, it must be translated into English and notarized.

Residency Requirement: Do not have to be a resident of New Hampshire. However, if both parties reside outside of the state the marriage intentions must be filed with the clerk of the same city or town where you plan to be married.

If one of the parties reside in the state, the marriage intentions must be filed with the clerk of the city or town where the resident lives. If both parties reside in New Hampshire in different cities or towns, the intentions can be filed at either location. However, only one filing is required. This license may be used anywhere within the state BUT it must be returned by the officiant after the marriage to the clerk who issued the license. A license is valid for a period of 90 days from the date of filing. If license is not used for some reason, it must be returned to clerk who issued it.

Anyone, resident or not can obtain a license anywhere in the state and be married anywhere in the state.

After the marriage ceremony is performed the officiant will provide the couple with the contracting parties copy of the marriage certificate. This is strictly a "souvenir" copy until brought to the clerk of issuance and certified by him or her free of charge. This certificate then becomes a legal document.

The certification cannot take place until the clerk has, in his or her possession the completed copy of the certificate from the officiant. Make sure you permit adequate time (about two weeks) for this to take place before requesting this service.

If Divorced: Provide certified copies of divorce and/or death certificates for any previous marriages.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Waiting Period: 3 days.

Fees: $45. Cash Only.

Blood Tests: No blood test requirement.

Under 18: Applicants who have reached the age of 18 can marry without parental consent.

A female between the age of 13 and 17 years and a male between the age of 14 and 17 years can be married only with the permission of their parent (guardian) and a waiver (See Waiver).

A female below the age of 13 and a male below the age of 14 are not allowed to marry under any conditions.

The above regulations on age apply to New Hampshire residents or to a non-resident who desires to marry a resident. If both parties are non-residents and are below the age of 18 they cannot be married in New Hampshire under ANY conditions.

Waivers:

When "good and special cause" is shown waivers may be obtained which can alter certain requirements:

- AGE: When either of the applicants is not yet 18 years old but meets the minimum age requirements whether a resident or marrying a resident of this state, when joined in the request by their parents or guardian, he or she may request and obtain permission to marry by applying to a justice of the superior court or to the judge of probate where one of the parties resides within New Hampshire.

- WAITING PERIOD: This requirement can be waived on application to a justice of the superior court or judge of probate within the county where the marriage is to take place

Proxy Marriages: No.

Cousin Marriages: No.

Solemnization Authority:

In the state of New Hampshire marriages may be performed by:

- A Justice of the Peace commissioned in New Hampshire and in good standing

- An ordained clergyman and resident of New Hampshire who is in good standing with his congregation

Special permission is required for an unordained clergyman:

- An ordained clergyman, who is not a resident of New Hampshire. Must obtain a special license which can be used only for that particular marriage

- Jewish Rabbis or Quakers

- No one can marry him or herself. Witnesses are not required but permitted, if desired.

- $5.00 is charged for the license issued to out-of-state clergymen

Uniform Marriage Recognition Law: If a New Hampshire resident goes to another state to get married to avoid New Hampshire requirements, of if a non-resident comes to New Hampshire to avoid their state's requirements, that marriage will be declared null and void.

Officiants: Marriages may be performed by any ordained minister of the gospel who resides in the state and is in good standing with his church. Ministers not residing in the state may obtain permission to perform a marriage upon application to the Secretary of State. Ministers must send a copy of the marriage certificate to the town clerk.


If you think you might have a Marriage case, Contact our Marriage Lawyers Immediately for Help.


Marriage Resource Center

  • Answers and Information
    Answers to frequently asked questions about marriage.

     

  • The Process
    A step-by-step guide to the legal side of Marriage.
  • Prenuptial Agreements
    An overview of Prenuptial Agreements.
  • Common Law
    A overview of Common Law Marriage.
  • Same Sex Couples
    An overview of the history and current status of Same-Sex Marrriage and the legal implications.
  • State Laws
    A list of states and their Marriage Laws.
  • Additional Topics
    An overview of additional topics pertaining to Marriage.
  • Money and Property
    A guide to money and property issues for married couples and those preparing for marriage.






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