What Are Common Mistakes That Can Make a Marriage Invalid?
Introduction
Marriage is one of the most significant legal and emotional commitments a person can make. It grants couples legal rights, tax benefits, spousal immigration support, and next-of-kin status. However, many people don’t realize that mistakes during the marriage process can lead to a union being declared invalid—sometimes without the couple realizing it. In this article, Get Married Today explains the most common errors that can invalidate a marriage and how to avoid them, especially if you are seeking a same-day marriage service or urgent official documentation.
1. Failure to Obtain a Valid Marriage License
The most critical step in any legal marriage is securing a valid marriage license. Without this document, your marriage is not legally recognized in California or anywhere else in the U.S.
Common Mistakes:
- Proceeding with a ceremony before obtaining the license
- Letting the license expire (California licenses are valid for 90 days)
- Getting a license from the wrong jurisdiction (some counties have restrictions)
✅ How to Avoid:
Use a provider like Get Married Today that issues legal, same-day California marriage licenses and ensures proper filing.
📎 Los Angeles County Marriage License Requirements
2. No Authorized Officiant
Only certain individuals are allowed to legally solemnize a marriage in California. If your officiant isn’t legally qualified, your marriage could be invalid.
Common Mistakes:
- Using a friend or family member who isn’t legally ordained
- Assuming someone has authority when they don’t
- Not signing or submitting the marriage license properly
✅ How to Avoid:
Get Married Today provides state-licensed officiants who ensure your marriage is performed and filed legally.
📎 California Family Code Section 400
3. One or Both Parties Were Already Married
If either party is already legally married to someone else, any subsequent marriage is considered void, even if done unknowingly.
Common Mistakes:
- Not finalizing a previous divorce
- Failing to obtain an annulment from a prior religious or foreign marriage
- Misrepresenting marital status on paperwork
✅ How to Avoid:
Always verify divorce decrees or death certificates. Get Married Today can assist in ensuring all documentation is reviewed.
📎 California Family Code Section 2201 – Bigamous Marriages
4. Underage Without Legal Permission
In California, you must be 18 or older to marry without parental and court approval. Marrying while underage without these permissions renders the marriage invalid.
Common Mistakes:
- Misrepresenting age on the license
- Failing to provide court-ordered approval for underage marriages
- Not including parental consent
✅ How to Avoid:
Get Married Today verifies the legal age and helps ensure all legal documentation (including court orders) is filed correctly.
📎 California Family Code Section 302
5. Fraud or Misrepresentation
If one spouse enters the marriage under false pretenses, such as lying about identity, immigration status, or intentions, it could be voidable.
Common Mistakes:
- Hiding a criminal record
- Marrying for immigration benefits only
- Failing to disclose infertility, debt, or other major facts
✅ How to Avoid:
Honesty is key. Ensure your relationship is based on full transparency. If marriage for immigration is a factor, Get Married Today can assist with proper legal guidance and documentation.
📎 U.S. Citizenship and Immigration Services (USCIS) Marriage Fraud Warnings
6. Coercion or Lack of Consent
Marriage must be entered into freely by both parties. If one party was forced, coerced, mentally incapacitated, or under the influence during the ceremony, the marriage can be declared invalid.
Common Mistakes:
- Marrying while intoxicated
- Marrying under pressure from family or threats
- One party not mentally competent
✅ How to Avoid:
Ensure both parties willingly consent to the marriage. Get Married Today confirms mental competence and legal capacity before every ceremony.
📎 California Family Code Section 2210 – Grounds for Annulment
7. Incestuous or Prohibited Relationship
California law prohibits marriage between close blood relatives (except first cousins under limited conditions).
Common Mistakes:
- Unknowingly marrying a half-sibling or biological parent (in cases of adoption or separation)
- Ignoring family code regulations
✅ How to Avoid:
Be transparent about familial relationships and check local laws. Get Married Today staff are trained to identify prohibited relationships.
📎 California Family Code Section 2200 – Incestuous Marriages
8. Failure to File the Marriage License
After the ceremony, the license must be returned to the issuing county to become a legal marriage certificate. If it’s never filed, your marriage may not be legally recognized.
Common Mistakes:
- Not returning the signed license to the county
- Mailing it late or to the wrong address
- Losing the original document
✅ How to Avoid:
At Get Married Today, we handle the legal filing immediately after the ceremony, giving you peace of mind and proof of marriage.
📎 How to Record a Marriage License in California
9. Out-of-State or International Errors
If you marry outside the U.S. or in another state, errors with documentation or local laws could make the marriage invalid when returning to California or filing for federal benefits.
Common Mistakes:
- Failing to meet foreign country’s requirements
- Getting a ceremony but no license abroad
- Not apostilling or authenticating international marriage certificates
✅ How to Avoid:
If you married abroad, Get Married Today can help authenticate or re-perform a U.S. legal marriage ceremony. We can also issue a California marriage license even if you previously wed in another country.
📎 U.S. Department of State – Marriages Abroad
10. Ceremony Performed Before License Issuance
Some couples wrongly believe the ceremony can be done and the license obtained afterward. This is incorrect in most states, including California.
Common Mistakes:
- Holding a wedding without a license
- Backdating documents
- Recreating a ceremony to match the license date
✅ How to Avoid:
Always get your license first. With Get Married Today, you’ll receive both your license and legal ceremony in the same appointment.
📎 California Marriage License FAQ
11. Mistakes on the Marriage License
Even minor clerical errors can delay or invalidate the recording of a marriage.
Common Mistakes:
- Misspelled names
- Incorrect birthdates or Social Security numbers
- Forgetting witness signatures
✅ How to Avoid:
We handle every detail. Our team at Get Married Today double-checks all information before the license is signed and submitted.
📎 Correcting Errors on a Marriage Record in California
12. Immigration Law Violations
If a marriage is determined to be solely for immigration benefits and lacks legitimacy, it can be deemed fraudulent.
Common Mistakes:
- Not living together or having any proof of bona fide marriage
- No shared financial documents
- Inconsistent immigration interviews
✅ How to Avoid:
Marry legally and maintain records of a real relationship. Get Married Today offers legally binding marriages recognized by USCIS.
📎 USCIS Green Card Through Marriage Info
13. Religious Ceremonies Without Legal Standing
Some religious or cultural weddings do not count as legal marriages unless a state-issued license is involved.
Common Mistakes:
- Relying only on a church or temple wedding
- No civil documentation
- Assuming religious authority is legally recognized
✅ How to Avoid:
Get Married Today can provide a confidential or public marriage license with an officiant, regardless of religious affiliation.
📎 Religious vs. Legal Marriage – State of California
14. Proxy Marriages Without Proper Authorization
In California, proxy marriages are not allowed unless one party is in the military. Otherwise, both parties must be present.
Common Mistakes:
- Attempting to marry without one party present
- Using online proxies or ceremonies from other states
- Believing spiritual or virtual ceremonies are binding
✅ How to Avoid:
Both parties must be present. If you’re military and need a proxy marriage, Get Married Today can help with compliant arrangements.
📎 California Family Code – Proxy Marriage Exceptions
15. Expired or Invalid Identification
Both parties must show valid government-issued identification to obtain a marriage license. Expired IDs may result in rejection.
Common Mistakes:
- Using expired passports or driver’s licenses
- No secondary ID available
- Mismatched ID names and application
✅ How to Avoid:
Bring current ID. Our staff helps you check ID validity before scheduling your same-day wedding.
📎 California Marriage License Requirements – Valid ID
Conclusion: Avoiding Mistakes With Get Married Today
The road to legal marriage doesn’t need to be complicated—but the consequences of getting it wrong can be. From invalid licenses to unauthorized officiants, the most common mistakes that make a marriage invalid can be avoided with professional guidance.
At Get Married Today, we streamline the process by:
- Issuing legal California marriage licenses onsite
- Providing licensed officiants for same-day ceremonies
- Filing paperwork immediately and correctly
- Offering apostille services for international use
- Supporting military, immigration, and elopement needs
Schedule Your Legal Wedding Today
Let our experienced team make sure your marriage is legal, valid, and worry-free from day one. Whether you need to get married at home, at a beach, or in a hospital, we bring the marriage license and officiant directly to you—24/7.
📍 Book your same-day marriage: https://getmarried.today
📞 Questions? Call us any time for help with urgent documentation or legal wedding requirements.