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Town Clerk - Marriage Licenses

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1. How do we apply for a marriage license?

You must both apply in person for a marriage license. This requirement is applicable to both residents and non-residents of the Commonwealth. According to Massachusetts law, you must jointly file intentions to marry, and you may do so with the city or town clerk in any community of the state. A marriage license is valid for 60 days from the date intentions are filed and may be used in any Massachusetts city or town. It is not valid outside of the state.

2. What do I need to bring with me in order to apply for a marriage license?

The following knowledge is required from both parties in order to fill out a marriage intention:

1. Social Security Number
2. Mother’s Maiden Name
3. Place of Birth

It is always good to bring your birth certificate, social security card, and/or a form of identification with you for proper spelling and proof of age and identification.

3. What if I do not have a Social Security Number?

If you do not have Social Security Number you must give a valid reason why upon filing the intention of marriage.

4. What happens if I do not get married within the 60 day time period?

If the couple is not married within the 60 day time period than the license becomes invalid and the couple will have to reapply for a license.

5. If my fiancé is active duty military do we both still need to apply in person?

If a person is in the military, both intentions may be filed by either party, providing one is a Massachusetts resident. A letter with original signature from a commanding officer expressing that the person is indeed active military is required. The signature must be original in order for it to be accepted.

6. If my fiancé is incarcerated do both parties need to apply in person?

If a person is incarcerated in a county house of correction or a state correctional facility, intentions may be filed by either party.

7. Is there a waiting period from the date of application to the date the license is issued?

Yes, there is a 3 day waiting period. The license can be picked up on the 3rd day during regular office hours.  (Weekends and holidays do count towards the waiting period.)

8. May we marry before the three days for good reason?

Yes, if you can obtain a court waiver after filing intentions.

9. How do we obtain a waiver?

You should file your intentions first with any city or town clerk. Then an application for a waiver must be filed by both of you at a probate or district court. After a hearing, the court may issue a certificate allowing the marriage license to be issued, and the marriage performed without delay.

10. What is the cost of a marriage license?

Please visit our Forms & Fees page for more details. 

Forms and Fees

11. At what age may a man or a woman marry?

A Massachusetts resident may marry if he or she is 18 years of age or older. A birth certificate may be required to show proof of age.

12. What if one or both of us has been divorced?

You are not required to present a divorce certificate when filing intentions to marry. However, it is extremely important that an individual who has been divorced be certain that his/her divorce is absolute. If you are uncertain as to the absolute date of your divorce, you should contact the court where the divorce was granted. In Massachusetts, a divorce does not become absolute until 90 days after the divorce has been granted, regardless of the grounds for divorce.

13. Is there any special requirement for a widow or widower who is remarrying?

No.

14. Do we need any witnesses present at the ceremony?

Massachusetts statue does not require that witnesses be present at your ceremony. However, if a member of the clergy performs the ceremony, you should ensure that you are in conformity with the appropriate religious tenets.

15. What are the responsibilities of the member of the clergy or justice of the peace?

The member of the clergy or justice of the peace must complete and sign the original license and return it to the clerk of the city or town where the license was issued.

16. Where can I obtain a list of Justices of the Peace?

A list of the Town of Acton Justices of the Peace is available at the Town Clerk’s office upon request.

17. What if I want a friend or family member to officiate my marriage but they are not a member of the clergy or a justice of the peace?

A person who is not a recognized member of the clergy in Massachusetts or a Justice of the Peace (such as a relative or family friend) may obtain one-day special permission from the Governor to perform a marriage. Call the Governor's office at (617) 727-5787 to obtain an application for a one-time special appointment to solemnize a marriage. A $25.00 fee is paid to the Commissions Division of the Office of the Secretary of the Commonwealth and a one day solemnizer certificate is sent to the approved solemnizer.

18. What should be done if an out-of-state member of the clergy is to perform the marriage?

If an out-of-state member of the clergy is to perform the marriage, the clergy person must obtain a Certificate of Authorization from the Massachusetts Secretary of the Commonwealth prior to the ceremony. This certificate, which is issued by the Public Records Division of the Secretary of the Commonwealth, is to be attached to the original license and returned to the clerk of the city or town where the license was issued. For further information, contact: Division of Public Records Secretary of the Commonwealth

Division of Public Records Website