Marriage in Iowa
Marriage is a special kind of contract. In Iowa, before there is a marriage ceremony, the couple must obtain a marriage license from the local County Registrar. An Iowa marriage license is only valid for marriage ceremonies within Iowa that are officiated (or “solemnized”) by authorized individuals, like a judge or an ordained minister.
Iowa Code chapter 595 provides the specific requirements for marriage in Iowa. The website for your county likely has useful information about marriage and marriage licenses. For example, Johnson County’s website has forms and information relating to marriage.
- Requirements to enter into a marriage in Iowa
- Applying for a marriage license
- The marriage ceremony and after
- Marriage for people ages 16 and 17
Requirements to enter into a marriage in Iowa
In Iowa, marriage is between two people who are:
- 18 years or older (special requirements for 16 and 17 year olds are discussed below)
- Not currently legally married to someone else
- Not closely related (see Iowa Code section 595.19 for the relations that cannot marry)
- Legally competent to enter into a civil contract
While the Iowa Code says that marriage is only valid between a man and a woman, the Iowa Supreme Court held in the case of Varnum v. Brien, 763 N.W.2d 862 (2009) that, under the Iowa Constitution, same-sex couples can also marry in Iowa.
Applying for a marriage license
Marriages in Iowa require a marriage license. To receive a marriage license, the parties must fill out an application with the country registrar in the county where they want the marriage license to be issued.
After a marriage license is issued, there is a 3-day waiting period before the license becomes valid (unless a judge finds that there are emergency or extraordinary circumstances).
The marriage ceremony and after
After receiving a marriage license, the couple still must have a marriage ceremony for the marriage to take effect. For the marriage ceremony, parties must be present at the same time and location, so marriages over the telephone or internet are not allowed. The parties to be married, the officiant (i.e., the minister or judge who performs the marriage ceremony), and at least two witnesses must all be physically present.
Within 15 days of the marriage ceremony, the Officiant needs to file for registration the state copy of the Certificate of Marriage with the County Registrar that issued the marriage license.
Marriage for people ages 16 and 17
People who are 16 or 17 years old may also marry in Iowa, but only with special permission from a judge. To ask a judge for this special permission, you will need to:
- Request a “Consent to Marriage of a Minor” form when applying for your marriage license
- The minor’s parents must sign the form, which must be notarized
- If both people in the couple are minors, both sets of parents must sign
- If one of the parents of the minor is dead or incompetent, the certificate may be signed by the other parent
- If both parents are dead or incompetent the guardian of the underaged party may execute the certificate, and if the parents are divorced the parent having legal custody may execute the certificate
- If a parent or guardian refuses to consent, the couple can ask a judge to decide whether the refusal to consent is unreasonable
- Complete the form and present it to a judge within the same judicial district as the county where you are requesting the marriage license