Understanding the Concept of Proxy Marriage

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Planning a wedding is a huge undertaking. There are so many decisions to make, like where to host the wedding, who to invite, what’s going to be on the menu, and so on. The date of your wedding is just as important as the rest of the details because, first of all, the bride and groom should be able to make it!

Sadly, in some rare cases, that may not be possible. Knowing the requirements for a marriage license can be a lifesaver because there’s something called a proxy marriage. It’s an option couples can choose in such circumstances.

What is a proxy marriage?

In a proxy marriage, the couple—either one or both of the partners—can elect someone to represent them in the wedding ceremony. Not all states recognize proxy marriages, however, so you should check if it applies to your state of residence. The states of Montana, Texas, Colorado, and Kansas, for example, allow proxy marriages.

What are the requirements for a proxy marriage?

In order for a proxy marriage to be valid, certain conditions have to be met. Every state has unique requirements for this, as they approve different versions of proxy marriage. Montana is the only state that allows double proxy marriage; in other words, both partners can appoint proxies for their wedding.

In order for two people to get married in the US, they must be 18 years of age, be unmarried, and appear in person to present proof of their identities.

Military Law

California does not legally recognize proxy marriages; however, it does so in the case of military marriages. If one spouse is on active military duty and is unable to make it to the wedding in person, the state allows proxy marriages. In order for this to be legally recognized, a power of attorney has to be signed by the spouse in the presence of a public official or two military officers.

Immigration

There is also another circumstance under which proxy marriages are allowed, and that is for the purpose of helping someone immigrate. For example, if one person in a couple is a foreigner and not present in the country, they can appoint a stand-in for their wedding ceremony. This is acceptable by law only under one condition—if the marriage is consummated. This is normally done through an affidavit signed by both parties. The couple can also use evidence like hotel bills that indicate they stayed together on the same date and time.

If the couple has been in a long-term relationship, photos and other evidence showing this can help strengthen their chance of getting a proxy marriage. If the couple has a child together, their case is even stronger. However, proxy marriages for the purpose of immigration are very rare.

Divorce and other legal procedures

Other than the actual wedding or ceremony, everything else in a proxy marriage follows the standard set of laws. This means the divorce procedure, child custody, and division of property all follow marriage law. Proxy marriage is considered a “normal” marriage and is legally recognized by the law.

Final Thoughts

Putting together a wedding can be pretty stressful without having to think of the legal implications. If someone isn’t able to make it to their wedding for a genuine reason, there should be other ways for them to legalize their wedding. A proxy marriage is one solution to that problem. While pretty rare and not accepted in all states, it is still an option for on-duty military personnel.

Finally, it’s advisable to have legal counsel for this, as it can be easier to submit your papers and complete the process.