What Happens If You Get Married Before Your Waiting Period Is Over?
(And How to Avoid Legal Trouble With a Same-Day Marriage in California)
Introduction: Why Marriage Waiting Periods Exist (and Why They Matter)
You’re ready to get married. You’ve found your person, planned your special day, and even scheduled a ceremony. But then you hit a surprising legal roadblock: your state requires a waiting period between when you apply for a marriage license and when you’re legally allowed to tie the knot.
So, what happens if you go ahead and get married before that waiting period ends?
The answer may surprise you — and it could have serious consequences. From legal invalidation of the marriage to delays in immigration, taxes, or spousal benefits, getting married before the waiting period expires can create problems you never saw coming.
In this guide, we’ll explain:
- What a marriage license waiting period is
- What happens if you ignore it
- Which states enforce the waiting period strictly
- How to legally avoid the wait and get married the same day
- Why California is the best state for couples who want to skip the delay
If you’re in a rush — whether for immigration, military, or personal reasons — Get Married Today offers legal same-day marriages in California, including:
✅ Marriage license issuance
✅ Legal ceremony
✅ Filing with the county
✅ Apostille certification for international use
👉 Book your same-day marriage appointment now
1. What Is a Marriage Waiting Period?
A waiting period is the legally mandated amount of time you must wait between applying for a marriage license and using it to legally get married.
Depending on the state, this waiting period ranges from 24 hours to 6 days, and some states require you to wait even longer under certain conditions.
💡 In California, there is no waiting period at all — you can apply for your license and get married immediately.
2. What Happens If You Get Married Too Soon?
If you have a ceremony before your license becomes valid, the consequences may include:
❌ 1. Your Marriage May Be Invalid
Some states consider the marriage null and void if performed before the waiting period expires. That means you are not legally married, even if you had a ceremony and exchanged vows.
❌ 2. The Officiant Could Be Penalized
In certain jurisdictions, the officiant (minister, judge, etc.) who performs a ceremony before the legal start date of the license could face fines or legal repercussions for conducting an unauthorized marriage.
❌ 3. Delays in Immigration, Health Insurance, or Tax Filing
If your marriage is later declared invalid, you could face problems with:
- Green card or spouse visa applications
- Military spousal benefits
- Health insurance enrollment
- Joint tax filing status
❌ 4. You May Need to Re-Marry
Some couples who jumped the gun have had to reapply for a license, get married again, and pay all fees a second time.
❌ 5. Civil or Criminal Penalties (In Rare Cases)
A few jurisdictions enforce small fines for violations of the waiting period, especially if the marriage is registered fraudulently.
📌 Learn about your state’s marriage laws here (CDC)
3. Examples of States With Strict Waiting Period Laws
Here’s a quick look at states that enforce a marriage waiting period:
State | Waiting Period | Can It Be Waived? |
---|---|---|
Wisconsin | 6 days | Sometimes |
Iowa | 3 days | Yes, with a judge’s approval |
Texas | 72 hours | Yes, for military or waiver |
Florida | 3 days | Yes, with premarital course |
Illinois | 24 hours | Rarely |
Maryland | 48 hours | Usually not waived |
In all of these states, marrying before the license is legally active is considered a violation.
💡 If you’re in one of these states, it’s easier to just fly to California, where there’s no delay at all.
4. How Can You Get Around the Waiting Period Legally?
There are two legal options:
✅ 1. Request a Waiver (If Your State Allows It)
Some states allow a judge to issue a waiver, especially for:
- Military members
- Terminal illness
- Emergency travel
- Religious observance
But the process is inconsistent, time-consuming, and not guaranteed.
✅ 2. Get Married in California With Get Married Today
The fastest and easiest way is to legally get married in California, where no waiting period exists.
At Get Married Today, we provide:
- Marriage license issuance
- Legal ceremony
- Filing of your marriage license with the county
- Optional apostille certification for immigration or international use
You can be legally married the same day you contact us — 24/7, including weekends and holidays.
👉 Learn how same-day weddings work in California
5. What Makes California So Unique?
California is one of the few states that:
- Does not require a waiting period
- Allows confidential marriage licenses
- Lets authorized private vendors like Get Married Today issue licenses outside of the county clerk’s office
✅ What is a Confidential Marriage License?
- No witness required
- Record is private
- Marriage is legally binding
- Can be used for immigration, insurance, and legal purposes
📍 Available exclusively in California
📎 Learn more about confidential marriage licenses
6. How Get Married Today Helps You Avoid the Wait
We’ve helped thousands of couples get married instantly, including those who:
- Live in a state with a waiting period
- Are active-duty military needing fast benefits
- Are in the middle of an immigration process
- Are traveling or eloping and don’t want delays
Here’s what our process looks like:
- Book an Appointment (Online or by phone)
- Meet With Us (In Irvine, Anaheim, LA, or a location of your choice)
- Get Your License + Ceremony (Takes 30–60 minutes total)
- Go Home Married (No courthouse. No waiting.)
📅 Book now
7. What If You Already Had the Ceremony Too Early?
If you’ve already had a ceremony before your license was valid, here’s what you can do:
🛠 Step 1: Check With the County Clerk
Find out if the license was accepted and filed. Some clerks may process it anyway — others will reject it.
🛠 Step 2: Re-Marry With a Valid License
You may need to go through the entire process again, including fees, ID verification, and re-signing the license.
🛠 Step 3: Use Get Married Today to Re-Issue the License & Ceremony
We can help quickly correct the issue by issuing a valid confidential license and performing a new ceremony immediately.
👉 Contact us for marriage re-filing help
8. Can This Affect My Immigration or Military Benefits?
Absolutely. Immigration and military offices check the legal validity of your marriage. If your wedding date occurs before your license was valid, USCIS or the military may:
- Reject your immigration petition (I-130, green card, etc.)
- Delay spousal benefit processing
- Request a second legal marriage ceremony
- Require extra affidavits or explanations
✅ To prevent this: Always ensure the ceremony is conducted after the license is legally valid.
📌 See USCIS marriage requirements
9. Apostille Certification After Marriage
If your marriage certificate is being used for:
- Dual citizenship
- Immigration abroad
- International legal matters
You may need it apostilled for use under the Hague Apostille Convention.
Get Married Today can help you:
- Request certified copies of your marriage certificate
- Submit them for apostille processing
- Deliver the finalized document ready for international use
🌐 Learn more about apostille services
10. Get Married Today — No Waiting, No Courthouse, No Stress
Get Married Today offers:
✅ Same-day marriage license issuance
✅ Confidential license (no witness needed)
✅ Legal ceremony
✅ Filing with the county
✅ Available 24/7 — including holidays
✅ Apostille certification
We proudly serve:
- Eloping couples
- Military members
- Immigration petitions
- Urgent legal situations
- Couples from out of state or country
📍 Serving Irvine, Anaheim, Newport Beach, San Juan Capistrano, West Hollywood, Beverly Hills, and more.
50 Internal & External Backlinks (Sampling)
- Same-Day Marriage Services – Get Married Today
- Book Your Marriage Appointment
- USCIS Marriage Green Card Rules
- CDC State Marriage Laws
- California Marriage License Requirements – OC Clerk
- What Is an Apostille?
- Immigration Legal Resources – AILA
- California Family Code § 501–511
- Marriage License & Certificate Filing – LA County
- Get Married in Anaheim
- Military Marriage Benefits – VA.gov
- Travel to California for Elopement
- Confidential Marriage License Info
- Apostille Convention Countries – HCCH
- California Health & Safety Code §103350