A waiting period is a mandatory gap between the moment a county clerk issues your marriage license and the earliest point at which you can legally hold a marriage ceremony. The clock typically starts the moment the license is stamped — not midnight of that day, not the following morning.
Most states have eliminated waiting periods entirely. A handful still have them — and in most cases, they can be waived by a judge. Here's the complete picture.
States With No Waiting Period
The majority of U.S. states impose no waiting period whatsoever. In these states, your license is valid for a ceremony the moment it's issued:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio*, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas*, Utah, Vermont, Virginia, Wyoming
Ohio and Texas are listed above because they technically have waiting periods — but both are so commonly waived that most couples experience no effective delay. See the sections below for details.
States With Active Waiting Periods
These states impose a mandatory gap between license issuance and the earliest legal ceremony date. The times below are from the moment the license is issued.
| State | Wait | Waivable? | How to Waive |
|---|---|---|---|
| Florida | 3 days | Yes | Automatically waived if: (a) both parties are non-FL residents, or (b) both parties complete a state-approved premarital course. No court appearance needed. |
| Illinois | 24 hours | No | No judicial waiver procedure exists in Illinois. The 24-hour wait is effectively mandatory for all applicants. |
| Maryland | 48 hours | Partial | Waived if both applicants are Maryland residents. Out-of-state couples must wait 48 hours unless they establish Maryland residency. |
| Michigan | 3 days | Yes | Waivable by a circuit court judge for "good cause." Petition the probate/circuit court in the county where the license was issued. |
| Minnesota | 5 days | Yes | Waivable by district court judge upon written application. Minnesota's 5-day period is the longest in the country among states that still have one. |
| South Carolina | 24 hours | Yes | Automatically waived if neither party is a South Carolina resident. In-state couples must wait 24 hours or obtain a court order. |
| Texas | 72 hours | Yes | Waivable by a county or district judge for "good cause." Waiver signed directly on the license. Commonly granted for scheduling or personal reasons. |
| Washington | 3 days | Yes | Waivable by a superior court judge. Petition with the county superior court where the license was issued. |
| Wisconsin | 5 days | Yes | Waivable by a circuit court judge. Wisconsin shares the longest waiting period with Minnesota. Waivers granted for legitimate scheduling reasons. |
How to Get a Waiting Period Waived — Step by Step
In states where the waiting period is waivable, the process typically looks like this:
- Obtain your marriage license first. You must have the license in hand before a judge can waive the waiting period on it.
- Go to the county courthouse — specifically the clerk of courts or district/circuit court office, not the same office that issued the license.
- Request a waiver petition form or ask to speak to a duty judge or magistrate. Some counties have a simple one-page form; others handle it verbally.
- State your reason. "Good cause" is intentionally vague in most states. Judges routinely grant waivers for scheduling conflicts, family travel, deployment, and personal circumstances. You typically do not need an emergency — a reasonable scheduling explanation is usually sufficient.
- Judge signs the license. The judge (or their designee) signs or stamps the waiting period waiver directly on the marriage license. You can then have your ceremony immediately.
- Small fee. Some counties charge $5–$25 for the waiver. Confirm when you call.
Texas couples applying for the waiver often assume they need an attorney or a formal emergency. They don't. Walk to the district clerk's office (usually in the same courthouse building) and ask about the waiting period waiver process. The duty judge or magistrate handles these quickly — often in under 15 minutes — and routinely approves them for ordinary scheduling reasons. There is typically no hearing or formal proceeding.
Florida's Automatic Waiver — The Most Misunderstood Rule
Florida's 3-day waiting period (Florida Statutes §741.04) has two automatic waivers that require no court order:
- Out-of-state couples: If neither party is a Florida resident at the time of application, the 3-day wait is automatically waived. No extra steps needed — just indicate your out-of-state addresses on the application.
- Premarital course completion: Florida residents who both complete a state-approved 4-hour premarital preparation course receive (a) waiver of the 3-day waiting period and (b) a $25 fee reduction. The course completion certificate must be presented at the time of application.
This means the majority of couples getting married in Florida — both Florida residents who take the course and all destination wedding couples from other states — have no effective waiting period at all.
Why Do Waiting Periods Exist?
Waiting periods were historically designed to give couples a "cooling off" period and reduce impulsive marriages. This rationale is now considered outdated by most legal scholars and state legislators — which explains why so many states have abolished them. The states that retain waiting periods generally do so for historical inertia rather than any demonstrated policy benefit. Several states reduced or eliminated waiting periods in the 2010s and 2020s.
Frequently Asked Questions
From the exact time of issuance in most states. If your license is issued at 2:30 PM on a Monday, a 72-hour wait means you cannot marry until 2:30 PM on Thursday. Some state statutes are ambiguous on this point — when in doubt, call your county clerk and ask specifically whether the wait is measured from the time of issuance or from the following calendar day.
Yes — this is legally sound. If you live in Illinois (24-hour wait) but want to marry the same day, you can drive to Indiana (no wait) and apply there. The Indiana license is valid for ceremonies anywhere in Indiana, and your home state will recognize the marriage. You cannot, however, use an Indiana license to get married in Illinois.
The marriage may be legally voidable — meaning it's not automatically void, but it could be challenged. In practice, this is rarely enforced and most officiants wouldn't knowingly perform a ceremony on a license still within its waiting period. However, if discovered in a legal context (such as a divorce or inheritance dispute), it could create complications. Always wait the required period or obtain a proper waiver.
The clock on the waiting period runs continuously — weekends and holidays count. A 72-hour wait issued on a Friday afternoon still expires Monday afternoon. The complication is that courthouse offices are closed weekends, so obtaining a waiver on a Friday afternoon for a Saturday ceremony requires knowing which duty judge to contact. In some counties, this is possible with advance planning — call the county court administration the day before.