My spouse and I have just moved to Massachusetts from another state. Do we need to get our marriage license transferred to Massachusetts?

Moving to another state can be a legally frustrating process. Aside from the logistics and expense of moving your possessions across state lines, you will likely find yourself waiting in line or on the phone with government offices as you transfer the legal documents that make up your life. Vehicle registration and title, voter registration, insurance policies and more must be transferred. Luckily, marriage licenses issued by one state are valid in all forty-nine others.

A number of court cases have affirmed that one state must recognize a marriage license issued by another. Most famous are Loving v. Virginia, which struck down bans on interracial marriage in 1967, and the more recent Obergefell v. Hodges, which made it illegal to discriminate against same-sex couples in the issuance of marriage licenses. The courts tend in favor of interstate validity of marriage licenses as a way of promoting the integrity of marriage and protecting families.

However, If you were divorced in another state and would like Massachusetts to enforce or modify your decree there are certain requirements which must be met and a formal registration process you must undertake for Massachusetts to accept jurisdiction of your case and recognize your decree as a judgment.

Welcome to Massachusetts—and take transferring your marriage license off your moving-in checklist. If you have questions regarding out of state marriages or any other family law related matter, please contact our office to speak with an experienced Massachusetts family law attorney.

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