Marriage Requirements in Idaho

Part of my Idaho Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Family LawTopic 1 of 9: Marriage

Idaho law treats marriage as a personal relation arising out of a civil contract that requires the consent of parties capable of making it (Idaho Code § 32-201(1)). Consent alone does not create a marriage. It must be followed by the issuance of a license and a solemnization, meaning a ceremony performed by a person the law authorizes (§ 32-201(1)).

This page explains who may marry in Idaho, which marriages the Idaho Code prohibits, how to get a marriage license, who may perform the ceremony, and what must happen afterward. It matters to anyone planning to marry in Idaho and to anyone unsure whether an existing marriage is valid.

No New Common-Law Marriages

A “common-law marriage” is one created only by the couple’s mutual assumption of marital rights, duties, or obligations, without a license or ceremony. Idaho does not recognize a marriage created that way as a lawful marriage (Idaho Code § 32-201(1)). On and after January 1, 1996, any marriage entered into in violation of Title 32 is void (§ 32-301).

There is an exception for older relationships. The license and solemnization requirements do not invalidate a marriage created by consenting parties through a mutual assumption of marital rights, duties, or obligations that was in effect before January 1, 1996 (Idaho Code § 32-201(2)).

Who May Marry

Any unmarried person age 18 or older who is not otherwise disqualified is capable of consenting to and consummating marriage (Idaho Code § 32-202). Younger people face strict limits, summarized below.

Age of party	Rule	Citation
18 or older	May marry if unmarried and not otherwise disqualified	§ 32-202
16 or 17	License issued only with written consent, duly acknowledged and sworn to, by the father, mother, or guardian, if there is one	§ 32-202
16 or 17, marrying an adult	May not marry a person of the age of majority if the age difference is 3 years or greater, and no license may be issued	§ 32-202
Both parties 16 or 17	Each must give the county recorder an original birth certificate, a certified copy, or other proof of age acceptable to the recorder	§ 32-202
Under 16	No license may be issued	§ 32-202

The county recorder may not issue a license to anyone under 18 unless the consent and proof-of-age requirements of section 32-202 are met (Idaho Code § 32-403(1)). A person temporarily caring for a child under a parent’s power of attorney cannot be given the power to consent to the child’s marriage (§ 32-1801(1)(a)).

Marriage also changes a minor’s legal status in one respect. Any person who has been married is competent to enter a contract, mortgage, deed of trust, bill of sale, and conveyance, and to sue or be sued on it (Idaho Code § 32-101(3)).

Prohibited and Void Marriages

The Idaho Code calls certain marriages incestuous and “void from the beginning,” whether the relationship is legitimate or illegitimate (Idaho Code § 32-205). These are marriages between:

• Parents and children (§ 32-205)
• Ancestors and descendants of every degree (§ 32-205)
• Brothers and sisters, of the half blood as well as the whole blood (§ 32-205)
• Uncles and nieces, or aunts and nephews (§ 32-205)

All marriages between first cousins are also prohibited (Idaho Code § 32-206).

A second marriage entered into while a former husband or wife is still living is illegal and void from the beginning (Idaho Code § 32-207). There are two exceptions: the former marriage was annulled or dissolved, or the former spouse had been absent and not known to be living for five successive years just before the new marriage, or was generally reputed and believed to be dead at that time (§ 32-207). In those cases, the new marriage is valid until its nullity is adjudged by a competent tribunal (§ 32-207).

The annulment page explains who may bring that kind of case.

Marriages From Other States and Countries

A marriage contracted outside Idaho that would be valid where it was contracted is valid in Idaho, unless it violates Idaho’s public policy (Idaho Code § 32-209). The statute says marriages that violate that policy include marriages entered into under another state’s or country’s laws with the intent to evade the prohibitions of Idaho’s marriage laws (§ 32-209).

The text of section 32-201 describes marriage as a contract “between a man and a woman,” and section 32-209 lists same-sex marriages as violating Idaho public policy (Idaho Code §§ 32-201(1), 32-209). However, the United States Supreme Court held in Obergefell v. Hodges, 576 U.S. 644 (2015), that the U.S. Constitution requires every state to license marriages between two people of the same sex and to recognize same-sex marriages lawfully performed in other states. Those Idaho provisions therefore cannot be enforced to deny same-sex couples the right to marry in Idaho.

Getting a Marriage License

The county recorder of any Idaho county may issue a marriage license to parties who are entitled under Idaho law to marry (Idaho Code § 32-401). If the recorder does not personally know that the parties are legally competent to marry, the recorder takes a written affidavit from the applicants and may take affidavits from other people (§ 32-403(1)). If the affidavits show the parties are legally competent to marry, the recorder issues the license (§ 32-403(1)).

Every application must include the social security numbers of the applicants (Idaho Code § 32-403(2)). An applicant who has never been assigned a social security number must instead provide all of the following (§ 32-403(2)(b)):

• Written verification from the Social Security Administration that no number has been assigned (§ 32-403(2)(b)(i))
• A birth certificate, passport, or other documentary evidence issued by an entity other than a state or the United States (§ 32-403(2)(b)(ii))
• Such proof as the department may require that the applicant is lawfully present in the United States (§ 32-403(2)(b)(iii))

The recorder charges a fee set by a different statute, section 31-3205, and may refuse to issue the license until it is paid (Idaho Code § 32-408). That fee covers taking and filing the affidavit and recording the license after it is returned (§ 32-408). The fee amount is not stated in Title 32 and is not covered here.

Honesty on the application matters. A person who willfully and corruptly swears falsely to a material fact in a license affidavit is guilty of perjury (Idaho Code § 32-404). Misrepresenting any fact required on the certificate form or other required form is a misdemeanor (§ 32-415).

Who May Perform the Ceremony

Idaho law lists the people who may solemnize a marriage (Idaho Code § 32-303):

• A current or retired justice of the Idaho Supreme Court, judge of the court of appeals, district judge, or magistrate of the district court (§ 32-303)
• The current or a former governor, and the current lieutenant governor (§ 32-303)
• A current mayor (§ 32-303)
• A current federal judge (§ 32-303)
• A current tribal judge of an Idaho Indian tribe, or another tribal official approved by an official act of an Idaho Indian tribe (§ 32-303)
• A priest or minister of the gospel of any denomination (§ 32-303)

To count as “retired” for this purpose, a former judge or justice must have served in one of those offices and must be receiving a retirement benefit from the judges retirement system or the public employee retirement system for service in the Idaho judiciary (Idaho Code § 32-303).

A marriage performed by someone professing to be a judge, justice, or minister is not void because that person lacked authority, as long as the marriage was consummated with a full belief by either spouse that they were lawfully married (Idaho Code § 32-308).

The Ceremony

Before performing a marriage, the officiant must first require the marriage license (Idaho Code § 32-302). The officiant must also be assured of the parties’ identity, their real and full names and places of residence, and that they are old enough to marry (§ 32-302). If either party is under 18, the officiant must be assured that a parent or guardian, if any, has consented, or that the underage person was previously married but is not married now (§ 32-302).

No particular form of ceremony is required (Idaho Code § 32-304). The parties must declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife (§ 32-304). The officiant may administer oaths and question the parties and witnesses to confirm they are qualified (§ 32-305).

An officiant who receives a properly issued license, and who does not personally know that either party is incompetent to marry, may lawfully perform the marriage (Idaho Code § 32-405). An officiant who performs a marriage without a license, or knowing that either party is legally incompetent to marry, commits a misdemeanor punishable by a fine of $50 to $200 (§ 32-406).

The officiant is entitled to receive $5.00 from the couple and may accept a larger amount voluntarily given (Idaho Code § 32-307). If asked, the officiant must give each party a certificate of the marriage (§ 32-306).

After the Wedding: Returning and Recording the License

The officiant must return the signed license and certificate to the recorder’s office that issued it within 30 days after the ceremony (Idaho Code § 32-402). Failing to do so is a misdemeanor, punishable by a fine of $20 to $50 (§ 32-402).

The recorder must record the returned license in a book kept for that purpose within one month after receiving it (Idaho Code § 32-407). A recorder who neglects or refuses to do so forfeits $100 (§ 32-407). Willfully making or recording a false return of a marriage is a misdemeanor punishable by a fine of at least $100 and imprisonment of at least three months (§ 32-410).

The original certificate and record of marriage, the county recorder’s record, or a certified copy of that record must be received in all courts as presumptive evidence that the marriage took place (Idaho Code § 32-309). The recorder’s marriage books, and copies certified under the recorder’s official seal, are evidence in all courts (§ 32-409).

Rights and Duties in Marriage

Spouses contract toward each other obligations of mutual respect, fidelity, and support (Idaho Code § 32-901).

Marriage also affects property ownership. Property acquired after marriage by either spouse is generally community property, while property owned before marriage stays separate (§§ 32-903, 32-906(1)). The property division and maintenance page explains these rules.

Couples may sign a premarital agreement, which must be in writing and signed by both parties (Idaho Code § 32-922). It becomes effective upon marriage (§ 32-924). A premarital agreement may not adversely affect a child’s right to support (§ 32-923(2)).

How a Marriage Ends

A marriage is dissolved only by the death of one spouse or by a court judgment granting a divorce (Idaho Code § 32-601). The divorce page covers the grounds and process. A marriage may instead be annulled for certain causes that existed at the time of the marriage (§ 32-501), as explained on the annulment page.

How I Can Help

I help clients understand Idaho’s marriage requirements before the wedding, including premarital agreements and questions about whether an earlier marriage or an out-of-state marriage is valid. If a question about the validity of your marriage has come up, I can review the facts against the Idaho Code with you. Request a consultation to discuss your situation.

This page provides general information about Idaho family law, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.