Alabama Marriage Records

Marriages in Alabama are legal unions between two individuals. The state recognizes these unions as a civil contract that grants the couple certain rights, benefits, and responsibilities. However, unlike many states, couples do not need to obtain a marriage license or hold a wedding ceremony to get married in Alabama. Instead, marriages are formalized by filing a signed and notarized Alabama Marriage Certificate with a county probate court.

Data from the state's Center for Health Statistics indicate that in 2022, an average of 101 marriages were recorded each day in Alabama. Title 30, Chapter 1 of the Code of Alabama provides a legal framework for marriages in the state and outlines eligibility criteria, requirements, and responsibilities of all individuals involved. Per this law, the legal minimum age for marriage in the state is 16. Individuals aged 18 and older may get married without permission, but minors aged 16 and 17 who have never been married before must get consent from a parent or guardian. Marriages between close relatives, including stepchildren, stepparents, and siblings by adoption, are prohibited. Couples looking to marry must also be of sound mind, not currently married to someone else, and cannot be forced or unduly influenced to get married.

To get married in Alabama, eligible couples must submit a notarized Alabama Marriage Certificate to a probate judge within 30 days (after signing the certificate). If both spouses sign on different dates, the form must be returned within 30 days of the latest signature. Once this is done, the marriage is legally considered valid; wedding ceremonies are optional in Alabama.

Marriage records in Alabama are unrestricted, meaning they are open to the general public and can be requested by anyone with enough information to search for and locate the record. The Alabama Department of Public Health (through its Center for Health Statistics) is the record custodian of the state's marriage records and maintains marriage certificates from August 1936 to date. County probate offices also keep copies of these marriage records and are the best source for accessing records generated before August 1936.

What are Marriage Records?

Marriage records in Alabama are official documents that validate marriages that take place within the state. These records typically contain information such as

The couple’s names and dates of birth
The date of the marriage
The couple’s parents’ names
The couple’s race
The couple’s county and state of residence
Number of previous marriages and why the last marriage ended

There are two main types of marriage records in Alabama: marriage licenses and marriage certificates. Note that pursuant to Alabama Act 2019-340, marriage licenses are no longer required for marriages in the state; thus, no new marriage licenses have been issued since August 29, 2019.

Marriage records are considered vital records in Alabama and are useful for various legal and personal purposes, including documenting name changes, proving marital status, and applying for spousal benefits and inheritance claims. These records can also be used for genealogical research and for studying social and demographic trends and patterns over time.

Alabama marriage records are generated when a properly completed marriage certificate form has been submitted and filed with a county probate office. The Alabama Department of Public Health is the primary custodian of these records, with county departments of health and probate offices also maintaining copies locally. It is important to note that marriage records are public records in Alabama and can be accessed by anyone.

Marriages in Alabama

In 2021, Alabama had a marriage rate of 7.61 per 1,000 population, higher than the national average of 6.0 (and continuing a two-year rise in marriage rates after the steady decline experienced over the past decade). However, the state’s divorce rate of 3.61 per 1,000 population was also higher than the national average. Among the 38,192 marriages recorded in 2021, approximately 60 percent were by individuals who had never been married before, and the highest marriage rates were observed in the 25-34 age group. Higher marriage rates were also observed among White, Hispanic, Cajun, Creole, and other Caucasian groups compared to Black, American Indian, Asian, and Pacific Islander residents.

The marriage process in Alabama is pretty straightforward, beginning with determining the intended couple's eligibility criteria. Under state law, individuals looking to get married must meet the following requirements:

They must both be at least 16 years old. If both parties are 18 or older, they can marry without parental consent. However, minors aged 16 and 17 must get consent from a parent or legal guardian.
They must not be currently married to anyone else.
They must be of sound mind.
They must not be closely related by blood or adoption.
They must enter the marriage willingly, without pressure or influence from others.

Alabama no longer requires couples to obtain a traditional license to get married in the state. Instead, they must complete an Alabama Marriage Certificate form, which is available in two versions:

Alabama Marriage Certificate – Adults (for couples aged 18 and older)
Alabama Marriage Certificate – Minors 16 – 17 Years of Age (this includes an “Affidavit of Consent for Marriage of a Minor” section that the consenting parents or legal guardians must complete

The marriage certificate form must be completed and signed by the couple, notarized by a notary public authorized to perform these duties within the State of Alabama, and submitted to a probate court for recording within 30 days (from when it is signed). Alabama marriage certificate forms can be submitted to any probate office and are available to both residents and non-residents; however, they can only be used within the state. There is no waiting period for completing the form; once it has been correctly completed, signed, notarized, and submitted to a probate court for recording, the marriage is immediately recognized as valid. The official marriage date will be the day both spouses sign the marriage certificate form (as long as it's notarized and recorded within 30 days); in situations where the couple signs on different dates, the marriage date is the day of the later signature.

Be aware that there is a fee for recording these marriage certificates, which varies by county. Also, marriage certificates not submitted to a probate court within 30 days of signing are considered invalid, and the couple must complete a new form. Probate courts typically issue the couple a certified copy of their marriage certificate after recoding it; this certificate remains valid indefinitely once it has been recorded and serves as the official record of the marriage.

Marriage ceremonies are not required in Alabama; nonetheless, couples can choose to have a civil, independent, or religious marriage ceremony with any officiant they select. Although the ceremony does not impact the legal validity of the marriage, anyone who officiates one knowing the couple is under the legal age of consent or closely related faces a fine of at least $1,000.

Alabama Marriage Certificate

Alabama marriage certificates are legal documents that serve as official records of marriages within the state. These certificates are typically completed and signed by the couple before being notarized and submitted to a probate court for recording (this must be done no later than 30 days after both parties have signed the certificate). Probate courts typically provide couples with a certified copy of their marriage certificate after it has been recorded. However, this practice varies by county, and couples should get confirmation on this when submitting their signed and notarized certificate for recording.

Alabama marriage certificates are public records accessible to anyone who can provide the necessary information to locate the record and pay the stipulated fee. The Alabama Department of Public Health manages a statewide repository for marriage certificates issued since August 1936. County probate offices also maintain copies of marriage certificates recorded in their jurisdictions.

How To Find and Access Alabama Marriage Records

The Alabama Department of Public Health is the primary record custodian for the state’s marriage records. This department’s Center for Health Statistics maintains copies of all marriages that occurred in the state from August 1936 to date and provides unrestricted online and offline access to these records. Note that requesters will typically have to provide the department with enough information to enable them to search for the record (such as the names of the couple and the marriage date as it appears on the record) and pay all applicable fees.

In addition, Alabama marriage records can be accessed by contacting the probate office in the county where the marriage was recorded – this is the only way to obtain copies of records for marriages that occurred before August 1936.

Accessing Alabama Marriage Records Online

The Alabama Department of Public Health does not directly accept online requests for marriage records. However, it partners with a third-party service provider to process these requests and facilitate the delivery of the required records. A $30 fee will be charged for the first copy, $6 for each additional copy, plus applicable shipping fees.

Some counties also provide access to online platforms (sometimes through third-party providers) that can be used to search for and request copies of marriages recorded in their jurisdictions. Information on available online options for accessing marriage records stored at the county level can be obtained by contacting the specific county probate office.

Accessing Alabama Marriage Records Offline

Interested members of the public can access copies of Alabama marriage certificates from August 1936 till date offline by completing and mailing an Application for Alabama Vital Event Request Form to the state’s Department of Public Health at:

Alabama Department of Public Health

Center for Health Statistics

P.O. Box 5625

Montgomery, AL 36103-5625

The completed form can also be submitted in person to any local Alabama County Health Department. The Department of Public Health charges a non-refundable $15 search fee, which includes the cost of one certified copy of the requested record or a “Certificate of Failure to Find” if the record is unavailable. An additional $6 fee is also charged for each extra copy of the record requested at the same time.

Individuals who wish to access copies of marriage records older than August 1936 may do so by visiting the probate office in the county where the marriage was originally recorded. Requesters will typically need to complete a request form and pay a fee; depending on the county, options for mail-in, email, fax, or drop-box requests may also be available.

References

Counties in Alabama

List of Content

What are Marriage Records?
Marriages in Alabama
1. Alabama Marriage Certificate
How To Find and Access Alabama Marriage Records