Alabama Marriage Certificate Apostille


There is no margin for error with the Authentication or Apostille process. If mistakes are made, both your time and money will be wasted and you'll have to start all over again. If you want to look into outsourcing this part of preparing to studying abroad to someone with experience, please email me at jared@apostillellc.com or call 848-467-7740 to request my services or learn more.


From the Alabama Public Health Department, here are some frequently asked questions:


LEGALITY OF MARRIAGE IN ALABAMA


Q. How has the marriage process changed under the law passed in 2019 by

the Alabama Legislature?

A. As of August 29, 2019, persons wanting to marry in Alabama no longer file an

application for a marriage license with the county probate court, and the courts no longer

issue marriage licenses. Instead, the Alabama Marriage Certificate form should be

completed by the persons entering into marriage and delivered to the probate court for

recording.


Q. When does my marriage become “legal”?

A. Your marriage is valid or “legal” when the properly completed, signed and

notarized Alabama Marriage Certificate form is recorded by an Alabama probate court.

The marriage form must be delivered to the probate court within 30 days of the latter

of the dates of the spouses’ signatures for the marriage to be valid.


Q. How is the date of my marriage determined?

A. The law provides that the date of the marriage is the date that the affidavit on the

Alabama Marriage Certificate form is signed by the two spouses, so long as the

completed and notarized form is provided to the probate office for recording within

30 days of the date of the spouses’ signatures. If the spouses sign on different dates, the

date of the marriage will be the latter of the dates of the spouses’ signatures,

provided the form is delivered to the probate court within 30 days of the date of that

last signature.


Q. What does “the latter of the dates of the spouses’ signatures” mean?

A. If the spouses sign on two different dates, this means the latest date of the two

signatures.


Q. Where can I find the Alabama Marriage Certificate form?

A. You can access the Alabama Marriage Certificate form online at the Alabama

Department of Public Health’s website at

http://www.alabamapublichealth.gov/vitalrecords/marriage- certificates.html. There is one

form for persons who are 18 years of age and older, and a second version of the form

for persons who are 16 to 17 years of age and require the consent of a parent or

guardian to enter into marriage. Instructions for completing and filing the forms are

included. County probate courts may also elect to post a link to the forms on their

own websites or have printed copies of the forms available at their offices.


Q. Can I still have a marriage ceremony performed?

A. A wedding ceremony is optional. You may have a ceremony, but it is no longer required

for a recognized marriage in Alabama.


Q. How long do I have to wait after my divorce to remarry in Alabama?

A. Certain circumstances can affect the waiting period for remarriage after divorce. Please

consult your divorce decree for guidance or contact your legal representative or the court

which issued the divorce decree for assistance.



WHO CAN MARRY IN ALABAMA


Q. Can minors marry in Alabama?

A. If you are under the age of 18, but are at least 16 years of age, and have never been

married, you can still marry in Alabama with the consent of a parent or guardian. The

consenting parent(s) or guardian(s) must complete page 2 of the Marriage Certificate

form, entitled “Affidavit of Consent for Marriage of a Minor.” For the marriage to be valid,

the marriage form completed by the spouses and the Affidavit of Consent must be

presented together to the probate court for recording. The final Marriage Certificate will

be a two-page document.


Q. I live in another country. Can I marry in Alabama? What should I put on the

Marriage Certificate form for county and state of residence and Social

Security Number?

A. A resident of a foreign country who meets the eligibility criteria stated on the

Marriage Certificate form and who properly completes the Marriage Certificate can marry

in Alabama. Persons who reside in a foreign country should enter the name of the

state, province or territory of the foreign country in the Residence County field on the

form and enter the name of the foreign country in the Residence State field. If an

individual has never been assigned a Social Security Number by the Social

Security Administration, the field for the Social Security Number should be left blank.


NOTARY INFORMATION


Q. Where can I find a notary? Will there be a charge for notary services?

A. Notaries are available at many locations, including banks, public libraries, UPS stores,

AAA and some pharmacies. Your personal bank should provide notary services for

free, but there may be a charge for notary services at some of the other listed locations.

Under Alabama law, a Notary Public is able to charge $5 for each signature that is

notarized and for each official act performed. Notaries who drive to meet with you

can charge an additional fee or fees to compensate them for the expense of

travel; Alabama does not set limits on what a notary can charge for travel. A list of

commissioned notaries is available at the Alabama Secretary of State’s website at

https://www.sos.alabama.gov/administrative-services/notaries-public. Licensed out-of state notaries can also witness signatures on Alabama Marriage Certificate forms.


Q. Can I or my notary electronically sign the Alabama Marriage Certificate

form?

A. An electronic signature of a spouse, notary or consenting parent of a minor spouse is

not acceptable on a Marriage Certificate. A Marriage Certificate form with an electronic

signature for any of these parties will not be recorded or filed.


HOW TO RECORD AN ALABAMA MARRIAGE CERTIFICATE


Q. Am I required to record the Alabama Marriage Certificate form in the

probate court of the Alabama county where I or my intended spouse

reside?

A. You may record an Alabama Marriage Certificate form in any Alabama county

probate court.


Q. How much does it cost to record a marriage with the probate court?

A. Every county probate court in Alabama sets its own fees for recording documents.

Call the office of the probate court for its current recording fees or check the court’s

website to find a listing of recording fees.


Q. What happens if the Alabama Marriage Certificate form is not delivered to

the probate court within 30 days of the spouses’ signatures, as required?

A. The marriage would be considered invalid, and the spouses would need to

complete a new Marriage Certificate form and deliver it to the probate court within

the 30 days required by law.


Q. Can I mail the Alabama Marriage Certificate to the probate court?

A. Yes, however, you should mail the completed, signed and notarized Alabama

Marriage Certificate in sufficient time to be received by the probate court within the 30

days required under law, in order for the marriage to be valid. Certificates that are

emailed will not be accepted by the probate courts.


Q. Can I send my completed Alabama Marriage Certificate directly to the

Center for Health Statistics for filing?

A. No, Marriage Certificates must be delivered to an Alabama county probate court for

recording, not the Center for Health Statistics. Marriage Certificate forms sent directly to

the Center for Health Statistics will be returned to the sender without being

recorded or filed.


MARRIAGE CERTIFICATE COPIES AND CORRECTIONS


Q. Will the probate court provide me with a certified copy of my Marriage

Certificate after it has been recorded?

A. Some probate courts currently provide a certified copy of the Marriage Certificate

to couples and have announced that they will continue to do so, but the practice is

different from county to county.


Q. How do I get additional certified copies of my Marriage Certificate?

A. After the probate court records the Marriage Certificate, the original certificate will

be forwarded to the Alabama Department of Public Health’s Center for Health

Statistics. Once the original certificate has been received and filed in the Center for

Health Statistics, you may request certified copies of your certificate through that office.

For instructions on how to request certified copies of your certificate in person, online or

by mail, visit the Center’s website at

http://www.alabamapublichealth.gov/vitalrecords/marriage- certificates.html.


Q. If I or my spouse made a mistake in the information we provided on the

Marriage Certificate, can we make corrections to the Marriage Certificate

after it has been filed with the probate court?

A. Yes, you can make corrections to your filed Marriage Certificate. To do so, you must

complete a form called “Amendment to Alabama Marriage Certificate and Decree of

Correction.” You may obtain that form from an Alabama county probate court. The

form must be completed, signed and notarized by both spouses and presented to an

Alabama probate court for filing. You will need to pay another recording fee to the

court at that time. After recording, the court will forward the amendment to the

Alabama Department of Public Health’s Center for Health Statistics. The amendment

will be permanently attached to and issued with the original Marriage Certificate when

certified copies are requested through the Center for Health Statistics. See the

Frequently Asked Question about obtaining additional certified copies of a Marriage

Certificate for more information.


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