What Are Common Mistakes That Can Make a Marriage Invalid?
Marriage is a legally binding contract and a major life decision. While most couples enter into marriage with sincerity and love, mistakes in the process—whether procedural or legal—can render the union invalid in the eyes of the law. These errors can have serious consequences, especially when it comes to immigration, taxes, inheritance, and spousal benefits.
At Get Married Today, we specialize in preventing these common marriage pitfalls by guiding couples through every step of the process. In this post, we explore the most frequent mistakes that can make a marriage invalid—and how to avoid them.
1. Failure to Obtain a Valid Marriage License
One of the most common reasons a marriage is considered invalid is that the couple never obtained a valid marriage license. A marriage license is a legal prerequisite in every U.S. state.
- In California, for example, couples must apply in person and bring valid identification to get a marriage license. Read the full California marriage license requirements on the County Clerk’s Office website.
Without this essential document, even if a wedding ceremony is performed, the marriage is not legally recognized.
✅ How Get Married Today Helps: We issue legal marriage licenses on-site—saving couples a trip to the courthouse and ensuring all paperwork is filed properly.
2. Marriage Performed by an Unauthorized Officiant
Only authorized officiants are allowed to perform legal marriages. This includes judges, certain religious leaders, and civil officiants with valid credentials.
- In California, an officiant must be at least 18 years old and either be ordained or deputized to solemnize marriages. If the officiant doesn’t meet legal qualifications, the marriage may be void.
📌 Refer to the California Family Code Sections 400–402 for more.
✅ How Get Married Today Helps: All of our officiants are legally certified and registered to solemnize marriages in California and beyond.
3. One or Both Parties Are Already Married
Bigamy—being married to more than one person at a time—is illegal in every U.S. state. If a person attempts to remarry without a legal divorce or annulment from a previous spouse, the second marriage is automatically invalid.
- You must finalize a divorce or obtain a death certificate for a deceased spouse before marrying again. Learn more about legal divorce proceedings on the California Courts website.
✅ How Get Married Today Helps: We ask all couples to sign a sworn declaration confirming they are not currently married. We also offer help with obtaining previous divorce records or death certificates if needed.
4. Marriage Under Duress or Fraud
A marriage entered into under coercion, pressure, or deception is not legally valid. Examples include:
- Threatening someone into marriage
- Misrepresenting one’s identity or intentions (e.g., marrying solely for immigration or financial gain)
These situations can lead to annulments or criminal charges.
📌 Review the U.S. Citizenship and Immigration Services (USCIS) marriage fraud penalties to understand the consequences.
✅ How Get Married Today Helps: We conduct a couple verification process and encourage private, consensual discussions before the ceremony to ensure both individuals are entering the marriage willingly and truthfully.
5. Improper Documentation or Fake Identification
You must provide valid, government-issued identification when applying for a marriage license. Submitting false documents (e.g., fake names, birth certificates, or immigration papers) can invalidate the marriage and may even result in criminal charges.
Acceptable forms of ID include:
- Passport
- Driver’s license
- State ID card
- Military ID
📌 See the U.S. State Department ID requirements for more details.
✅ How Get Married Today Helps: We verify every ID at the time of marriage license issuance and can help you obtain alternate documentation if needed.
6. Missing Witnesses or Improper Filing
In most U.S. jurisdictions, marriages require one or two adult witnesses to sign the marriage license during the ceremony. Additionally, the officiant must return the signed license to the issuing agency within a specified time frame (often 10 days).
If these steps are skipped or done incorrectly, the marriage may not be recorded or legally valid.
📌 You can read about California’s marriage license filing process at the California Department of Public Health website.
✅ How Get Married Today Helps: We provide professional witnesses if needed and personally file all completed licenses with the County Recorder’s Office.
7. Violation of Age Requirements
Each state has minimum age requirements for marriage. In California, individuals must be at least 18 years old to marry without parental consent and court approval.
Marriages involving underage individuals without the required consent are invalid and potentially subject to annulment or legal action.
📌 Read more on California’s age of marriage laws via Family Code Section 302.
✅ How Get Married Today Helps: We verify age and consent requirements and do not perform underage marriages without full legal compliance.
8. Marriage Prohibited by Law (Incestuous Relationships)
Every state prohibits marriage between close blood relatives. In California, for instance, marriages between siblings, half-siblings, parents, children, or uncles/aunts and nieces/nephews are considered void.
📌 Reference: California Family Code Section 2200
✅ How Get Married Today Helps: We screen for prohibited relationships during the intake process and can provide referrals for legal advice if needed.
9. Mental Incapacity at the Time of Marriage
A marriage may be invalid if one or both parties lacked the mental capacity to understand the nature and obligations of marriage at the time of the ceremony. This includes:
- Intoxication from alcohol or drugs
- Severe mental illness
- Cognitive disabilities without legal guardianship
Courts may annul such marriages retroactively.
📌 Visit Disability Rights California for resources on legal capacity and marriage.
✅ How Get Married Today Helps: We assess each situation sensitively and will not proceed with a marriage if either party appears incapacitated.
10. Lack of Consent or Informed Agreement
Marriage is a mutual contract. If one party was unaware of what they were agreeing to—or lacked the opportunity to say “no”—the marriage may be void.
This includes cases involving:
- Language barriers
- Pressure from family or religious institutions
- Hidden agendas
✅ How Get Married Today Helps: Our team includes multilingual staff and provides fully informed explanations of the process. Consent must be expressed clearly and freely.
11. Ceremony Done in a Jurisdiction That Doesn’t Recognize the Marriage
Marriages performed in places that do not recognize the union—such as certain international jurisdictions or tribal ceremonies without state compliance—may not be valid under U.S. law.
📌 The U.S. Department of State provides guidance on international marriage recognition.
✅ How Get Married Today Helps: We ensure your marriage is fully recognized by the state and compliant with the Hague Apostille Convention if international legalization is needed.
12. Failure to Register the Marriage Certificate
Even if a ceremony is performed properly, the marriage isn’t legally complete unless the certificate is filed with the appropriate government office.
If the marriage license is lost, incomplete, or never submitted, the state has no record of the union—effectively rendering it invalid.
📌 Visit the Los Angeles County Registrar-Recorder for guidance on submitting your marriage certificate.
✅ How Get Married Today Helps: We not only perform your ceremony and issue the license, but we file your paperwork the same day to ensure you’re legally married—instantly.
13. Improper Use of a Confidential Marriage License
California offers confidential marriage licenses, which differ from public licenses in that the marriage record is not searchable by the public. However, there are strict rules:
- The couple must already be living together
- No third-party witnesses may sign the license
If these conditions are violated, the marriage may be challenged.
📌 Learn more about confidential licenses at the California Department of Public Health.
✅ How Get Married Today Helps: We will help you determine which type of marriage license is right for your circumstances—and ensure full compliance.
14. Attempting a Proxy Marriage Where Not Allowed
In some states, a proxy marriage—where one or both individuals are represented by another person—is not allowed or only permitted under specific conditions (e.g., military deployment).
In California, proxy marriages are not legally recognized except for active-duty military personnel under court-approved exceptions.
📌 Visit Military OneSource for details about proxy marriages and legal alternatives.
✅ How Get Married Today Helps: We offer legitimate same-day services for military couples, ensuring your marriage meets both state and federal requirements.
15. Getting Married for Immigration Benefits Alone (Marriage Fraud)
Marriage solely to obtain a green card or immigration status—without a real relationship—is considered fraudulent. This is a federal crime and can result in deportation and jail time.
USCIS conducts rigorous interviews and documentation checks to detect sham marriages.
📌 Review the USCIS guidelines on marriage-based green cards.
✅ How Get Married Today Helps: We encourage authentic, verifiable marriages and provide apostille services for couples needing documentation for international or immigration purposes.
Final Thoughts: Don’t Risk Making Your Marriage Invalid
The legal requirements for a valid marriage are not just bureaucratic hurdles—they protect your rights, your spouse’s future, and your family’s legal stability. Mistakes like using an unauthorized officiant or failing to file your license can invalidate your marriage and cause serious problems down the road.
At Get Married Today, we help you avoid all these issues. From issuing a legal marriage license to officiating your ceremony and filing your paperwork—all on the same day—we take care of everything, so your union is recognized legally and immediately.
Whether you’re getting married for love, immigration, military benefits, or urgent personal reasons, we ensure that your marriage is 100% valid, compliant, and recognized worldwide.