Is Elopement Legal in the USA?

Historically, to elope meant “run away,” or to “escape.” It was usually a secret wedding, carried out when the bride and groom were unable to hold a traditional wedding ceremony.

In 2022, an elopement is usually considered a non-traditional wedding, more intimate and with fewer guests than a traditional wedding ceremony.

Couples choosing to elope often cite lower costs as one of the primary reasons for an elopement. Couples also get much more control over their wedding day without the constraints of a traditional ceremony.

In the past, people usually eloped for a secret wedding. This was usually when they had not received parental permission to marry, or if a quick wedding was needed when the woman had fallen pregnant outside of wedlock.

Elopements and intimate weddings share some similarities. They are both characterized by their smaller, less grandiose ceremonies when compared to a traditional wedding ceremony.

However, a small wedding is more like a traditional wedding than an elopement. The ceremony itself, the choice of venue and the number of guests more closely resembles a wedding than an elopement. When couples elope, they tend to marry in a more adventurous location, and with the minimum number of guests present.

This intimate wedding I photographed in 2022 may give you an idea of what a small wedding ceremony can look like.

Your elopement will be considered a legal marriage if you’ve followed the rules for marriages in that state.

Many couples wonder whether their ceremony will be recognized as a legal marriage, simply because it feels so different to what a wedding is normally like. This is the whole point of an elopement!

But before you go running off and arranging your day, it’s not quite as simple as hopping on a plane somewhere and saying, “I do.” You need to make sure that you have checked out the requirements for the state you are in (or the state you are intending to marry in).

For example, some states require one witness, others require two witnesses, while others don’t require any at all. You should contact a local official to check their requirements for wedding licenses. This way, you can ensure that you plan ahead and aren’t met with any unexpected surprises.

For those who’d like the smallest of ceremonies, you may be able to self-solemnize.
Self solemnization, or a self-uniting marriage, is performed without the need for a third party officiant. In other words, the couple can be legally married by each other. This type of ceremony is ideal for those who want to keep their numbers down to the absolute minimum.

Self-solemnization is not available in all states, and those that do it allow it often have some caveats. You can legally self-solemnize in Colorado and District of Columbia.

In other states, it is possible to marry “in accordance with the customs of any religious society,” which opens up the possibility of holding a “Quaker wedding,” as the Quakers do not require marriages to be performed by a third party officiant.

There are two states which allow self-solemnization without any restrictions or requirement for witnesses: Colorado and District of Columbia. If you’re looking to minimize the number of regulations to meet, and want to marry with the fewest people present, they would be good choices for locations.

Witnesses play an essential role in a marriage ceremony. Whilst it’s often considered a ceremonial honor to be a witness, a role reserved for someone close to the bride or groom, they do also play a legal role.

A witness is required to ensure that both parties consent to the marriage, that is has been performed by a proper officiant who did their job correctly, and the marriage was done legally. Essentially, they offer some protection to the couple so that their marriage will be legally recognized.

The requirements for witnesses vary by state. If you’re unsure about how many witnesses you need, or who can perform the role of a witness, you should check with a local official in that state or look at the state guides at the bottom of this page.

Ok, so you’ve done your research and found out that some aspect of your ceremony won’t be legal in your chosen state. Perhaps you want to self-solemnize but you can’t? Or maybe you don’t want witnesses?

In cases like these, couples often choose to have the ceremony that they want, and leave out all of the legal stuff. They can then do the legal parts in private either before or after the wedding.

This brings the best of both worlds, with couples getting to have the ceremony they want and profess their love for one another, and also receive the legally binding documents too.

Yes, you will still require a license to marry in all states. Although there are circumstances in which a marriage can be considered valid without one, the easiest way to ensure the legality of the marriage is to marry with a license issued in the state in which the marriage will take place.

Because each state is different, it’s best to check with them before you make your visit. To help you plan your elopement, I’ve listed several factors below that you may need to consider.

No, blood tests have been abolished as part of marriage license applications in all 50 states.

Same sex marriage is legal in all 50 states, following the Supreme Court ruling in Obergefell v Hodges in 2015. This has been formally recognized through the Respect for Marriage Act, which was signed into law in December 2022.