Who Can Officiate a Wedding in the US? Officiant & Witness Rules

Who can officiate a US wedding is decided by state law, and the rules are not the same from one state to the next. Clergy and judges are accepted nearly everywhere, but whether a friend can officiate depends on the state: some offer a one-day license or let couples marry themselves, and others restrict the role to a short list of people. If you are planning from abroad, settle this before you book anyone, because an officiant who does not qualify can put the legal validity of the marriage in question.

General information, not legal advice. Confirm your officiant’s eligibility with the clerk who issues your license.

What decides whether your officiant is valid?

The state statute decides, and the county clerk applies it. Some clerks say outright that the verification is your job: Washington’s Clark County, for example, says the couple is responsible for confirming the officiant is “licensed or ordained to perform ceremonies in Washington State,” and that no county registration is needed beforehand. Illinois’s McLean County says the same about ordained officiants, who are not registered or tracked by the state.

The practical rule: get the officiant’s name and credentials in front of the clerk before the wedding, not after. For the license itself (waiting periods, ID, who must appear), see marriage license requirements when you live overseas.

What do eight states say about officiants, witnesses and returning the license?

This is a sample drawn from specific clerk and state pages, read on 2026-10-28. It is not a survey of all fifty states. “Not stated” means the pages we read did not address it, which is not the same as “not required.”

State (page checked)	Who may officiate	Witnesses	Signed license due back
California (San Luis Obispo)	A priest, rabbi, minister or other authorized person; a civil ceremony at the county office by appointment; or a one-time Deputy Marriage Commissioner	At least one for a public license; none for a confidential license	Within 10 days
Colorado (Fremont, Jefferson)	Self-solemnization (no officiant), judges, retired judges, magistrates, authorized public officials, or a recognized religious mode; out-of-state clergy need no Colorado registration	Not required, though some officiants ask	Within 63 days
Florida (Sarasota, St. Johns)	Ordained clergy, judges, clerks of court, Florida notaries only, Quakers	Optional per Sarasota	Within 10 days
Hawaii (performer info)	A performer licensed by the state (religious, non-religious or judge categories)	Not stated	Not stated
Illinois (McLean, Cook)	A judge, retired judge, or ordained person; no state registration; notaries are not authorized	Not stated	Within 10 days
New York (State Dept. of Health)	Certain officials and judges, ordained clergy or ministers authorized by their church body, some spiritual group leaders; ship captains are not authorized	At least one besides the officiant	Not stated on the page we read
Texas (State Law Library)	Licensed or ordained Christian minister or priest, Jewish rabbi, authorized officer of a religious organization, current, former or retired judge; no registration	Not stated	Within 30 days
Washington (Clark County)	Active or retired judges, and licensed or ordained ministers, priests, imams, rabbis or similar; neither spouse may officiate	Two, each at least 14 and able to understand what they witness	Within 30 days

Checked against the linked clerk pages on 2026-10-28; these change, so confirm before you book anything. Deadlines are for the officiant to return the license to the clerk; late returns can carry penalties (Colorado’s Fremont County lists a $20 late fee plus $5 per additional day, up to $50).

Can a friend or family member officiate?

Sometimes. The routes we found in primary sources:

• Colorado: skip the officiant. Couples can marry without one by completing the bottom portion of the license themselves and signing as both the officiating party and the parties. Jefferson County (Jeffco) adds that if a friend leads the ceremony without an identifiable legal title, the marriage is treated as self-solemnization. So the friend can lead the ceremony, and the legal mechanism is you signing.
• New York: a one-day officiant license. Glenville’s town clerk says anyone over 18 can apply for a $25 license, valid for the couple named on the marriage license it issued, anywhere in New York State, expiring after the ceremony or when the marriage license expires. Deadlines are 48 hours in person or 14 days by mail in that town. Within New York City, officiants must register with the City Clerk; we did not verify whether the city offers its own one-day option, so ask the clerk.
• California: one-time Deputy Marriage Commissioner. The San Luis Obispo clerk says a couple can have someone appointed to this role for their ceremony. Ask your county what the appointment involves and how far in advance.
• Hawaii: a performer license. There is no one-day option on the state’s registration page; the shortest term is 60 days, at $25 plus a $10 portal fee. The state says not to perform ceremonies until the license is approved, and the pages we read do not say whether non-residents can apply, so ask the Department of Health.
• Florida and Washington: generally no. Florida’s list is clergy, judges, clerks and Florida notaries, and Sarasota’s clerk says people who are not ordained cannot officiate, and neither can family or friends outside the listed groups. Washington lists judges and ordained or licensed religious officials. In Texas, the State Law Library’s list names clergy, rabbis, religious officers and judges and mentions no one-day option.

If your heart is set on a friend, a workable plan in a restrictive state is a legal signing with an authorized officiant (a clerk’s office or judge, covered below) and a friend-led ceremony on the day. Confirm with your clerk that the legal part can be done separately from the ceremony you plan.

Does an online ordination count?

It depends on the state, and the sources disagree enough that you should not assume.

• Tennessee says no. The UT County Technical Assistance Service reports that Public Chapter 415 (effective July 1, 2019) provides that “persons receiving online ordinations may not solemnize the rite of matrimony.” The state attorney general had earlier reached the same conclusion, per that newsletter.
• Cook County, Illinois says yes, in a specific form. Its FAQ says a judge, a religious leader, or someone ordained by a non-denominational organization can officiate (our paraphrase of the page).
• Virginia had a court say no in 1974. A Justia Verdict article by Joanna Grossman describes Cramer v. Commonwealth, in which the Virginia Supreme Court upheld the rescinding of authority for a group of Universal Life Church ministers who did not meet the state’s definition of clergy. That is a 1974 case reported secondhand, so treat it as a reason to ask, not a current statement of Virginia law.
• Most states: unclear from what we read. Washington’s page asks for a “licensed or ordained” official and says nothing about online ordination, and Texas’s and New York’s pages do not address it.

The Montgomery County (Tennessee) clerk’s guidance adds a point about consequences: courts strongly presume marriages are valid, but a court could void a marriage solemnized by an unqualified officiant if someone with standing challenges it. That is a reason to check first rather than a prediction about any particular marriage.

Do you need witnesses?

It ranges from none to two, as the table shows. Washington requires two, New York at least one besides the officiant, and California one on a public license but none on a confidential license (which requires the couple to be living together). Colorado does not require witnesses. If the clerk’s page is silent, ask, and bring more people than you think you need: a friend who can sign and show ID is cheap insurance.

What if your officiant lives out of state or abroad?

It depends on the officiant’s type and the state:

• Colorado says out-of-state clergy do not need Colorado registration.
• Washington’s Clark County says ministers from other states may officiate, but the ceremony must take place in Washington.
• New York’s Department of Health says the officiant does not have to live in New York, but must be registered with the City of New York to perform ceremonies within city limits.
• Florida authorizes only Florida notaries; notaries from other states are not authorized.

For an officiant who lives overseas, the sources we read do not address eligibility, so ask the clerk before you invite them.

What about a clerk or judge instead?

If you want something simple, some clerks and courts offer ceremonies. Cook County’s FAQ says judges at Marriage Court in City Hall charge $10 and no appointment is needed. St. Johns County, Florida’s clerk offers ceremonies at its Public Service Center for $30 with no appointment, weekdays 8 a.m. to 5 p.m. San Luis Obispo offers a civil ceremony at the county office by appointment. Fees and hours change, so confirm them.

Who gets the signed license back to the county?

This is the step overseas couples most often forget, because you may be on a plane before it matters. The officiant completes the license, and someone has to return it by the deadline in the table. Without it, the marriage may not be recorded: Sarasota’s clerk says that if the license is not returned, there will be no record of the marriage.

Before the wedding, agree with the officiant (and a local helper, if you have one) on who returns it, by what date, and how, for example in person or by mail. For how to delegate this kind of errand, see managing a US wedding proxy from overseas.

What should you do, and when?

1. Pick the state and county first. Officiant rules follow the state where you marry.
2. Email the clerk. Ask who may officiate, whether your specific person qualifies (name their credential), how many witnesses you need, and the return deadline.
3. Book the officiant early. In the usual vendor sequence, officiants come after the venue, photographer and caterer; see how far in advance to book wedding vendors for the timeline.
4. Register or apply where needed. A one-day license or performer license has its own lead time (Glenville asks for 48 hours in person or 14 days by mail).
5. Write down the return plan and who is responsible.

If your partner is not a US citizen, how to get married in the US as a foreigner covers ID, documents and where immigration questions begin.