The legal side of eloping

If you are flirting with the idea of eloping you probably did some research and you are wondering about the legal requirements and what are the actual logistics to make it official. The most common question about this topic is if you need an officiant to elope. The answer is more complicated and I’ll try to split it in categories and give suggestions based on different aspects like: state, country, witnesses etc. But in the end you have options and what you choose is up to you, because what it comes up to is you standing in front of your partner and saying I DO.

Is eloping legal?

Yes. Technically and legally it counts as getting married and they are legal in the front of the law as long as you are abiding by the rules and regulations of the state or country you’re going to get married in. BUT the actual day you’re having the ceremony doesn’t have to be the exact day you are legally married. If it’s too complicated to do it legally, just do all the paperwork in your hometown before the wedding. Some people will get married legally at the local town clerk and plan for the adventure ceremony exactly how they want it without worrying about witnesses or officiants. This give you complete freedom to choose the location that feels right to you.

It’s official when you sign the paperwork? Or when you decide in front of your partner to say your vows and commit in front to each other?

If the legal date when you become partners is important then here are some points that can help you:

Location. Location. Location.

Getting married in the US can be really easy, but every state has it’s own laws and requirements and with a little research you can find out really easy what you have to do. Some states will require you to have an officiant on your wedding day and there are some states where you can self-solemnize. In same states like Massachusetts a friend or a family member can easily get ordained and officiate your ceremony and it’s my favorite choice! I’ve seen siblings, best friends or grandparents act as officiants and it was always meaningful and emotional. California require an officiant and two witnesses, Colorado doesn’t require any officiant at all. Just make sure you check the state’s guidelines in advance so you won’t have any surprises

For international elopements is kind of the same rule- do your research and see what are the local regulations. In some countries the process can make your eloping experience a pain in the butt, having long waiting time, requiring blood work or other not so fun stuff. BUT taking care of the legalities another day doesn't mean your wedding day is less meaningful. The biggest percentage of couples eloping complete the legal paperwork at home and the day they celebrate their commitment is the day they got married.

Just the two of you

Self solemnizing ceremony

Probably the most romantic of them all, self solemnizing is a law that some states in the US abide by for recognizing marriage as legal giving you and your partner the power to marry each other ( Colorado, Pennsylvania, Wisconsin, Washington D.C.). Even more exciting is that in this case you can have your dog as a witness! Yes, you read it right.

do you need witnesses for your elopement ceremony?

This answer is just like the location question- it depends where you are planning to have the ceremony. Some states in the US don’t require witnesses at all, but if it does and if you still want to elope just with your partner than your photographer can be a witness or any stranger you find along the way at that location- very spontaneous.

Have a friend or family member marry you

In US is very easy to get ordained and have a friend or a family member officiate your ceremony. The Universal Life Church offers an online membership process that let’s any adult over 18 to become ordained. You just have do go through the paperwork and know all the legal requirements: obtain any wedding supply such as certificates, read by the power invested in you- a guide on how to perform a ceremony and write a script- you can find out more here.

hire an officiant

The easiest way to do it is to first ask your photographer or other vendors if they have any suggestions- probably every photographer will know an officiant if they already had weddings in that area. For many couples this is another task on their to do list’s, but I often suggest to find someone that will take the time to personalize your ceremony and make it more you. If you want a religious ceremony, but are getting married in a non-religious venue or location, make sure you find someone who can perform it. Get to know your officiant at least over a phone call and make sure their values line up with yours, especially when it comes to religious ceremonies. Resources where you can find officiants are usually local wedding magazines, chamber of commerce or a simple search on our friend Google.