Affidavit of Marriage

An affidavit of marriage is used as one or both spouses' sworn oath that they are validly married. The document is the easiest way to prove the existence of a marriage when the original marriage certificate has been lost.

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An affidavit of marriage is a sworn legal document in which one or more people testify under oath about the existence and validity of a marriage. This document is typically used when a couple needs to prove their marital status but lacks traditional documentation like a marriage certificate (common situations include lost or destroyed certificates, marriages performed in foreign countries, or marriages that occurred many years ago without proper registration). The affidavit is signed before a notary public or other authorized official and includes details such as the spouses' names, the date and location of the marriage, and the relationship of the person making the statement (affiant) to the couple.

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When to use an affidavit of marriage

An affidavit of marriage should be used in specific situations where formal proof of marriage is required but the original marriage certificate is unavailable, insufficient, or needs corroboration. The most common scenarios include the following:

When official documentation is missing or inadequate: This includes cases where the marriage certificate has been lost, destroyed, or damaged beyond use; when the marriage occurred in a foreign country and the certificate needs translation or additional validation for U.S. purposes; when marriages were performed decades ago and records were never properly filed or have been lost by the issuing authority; or when informal or common law marriages need legal recognition and documentation.
For immigration purposes: Affidavits of marriage are frequently required in immigration proceedings, particularly for spousal visa applications (K-1, CR-1, IR-1) where USCIS may request additional evidence beyond the marriage certificate to establish the bona fide nature of the relationship.
Acquiring government benefits: Marriage affidavits may be used when applying for Social Security survivor benefits, veterans' spousal benefits, or other government programs that require proof of marital status.
Estate and probate matters: Affidavits of marriage may be needed for estate and probate matters when a surviving spouse must establish their legal relationship to claim inheritance rights or handle the deceased spouse's affairs, for insurance claims where beneficiaries need to prove spousal status, for property transactions involving jointly owned real estate, or when updating legal documents like deeds or titles to reflect marital status. In these situations, the affidavit typically comes from third-party witnesses (friends, family members, clergy who performed the ceremony) or from the spouses themselves, sworn under penalty of perjury and notarized to provide legal weight to the testimony.

Create your affidavit of marriage in 3 easy steps

Collect Information
Gather all the relevant information to complete your document. This may include the date, time, and location of the marriage.
Answer Key Questions
Use the information you collected to complete our affidavit of marriage form. We make this easy by guiding you at each step of the way and helping you to customize your document to match your specific needs.
Review, Sign, and Notarize
It is always important to read your document thoroughly to ensure it matches your needs and is free of errors and omissions. You must sign the affidavit in front of a notary public. When using a notary, always be sure to wait to sign the document until he or she is present.

Why use an affidavit of marriage?

The key reasons to use an affidavit of marriage include establishing legal proof when certificates are unavailable (lost, destroyed, never issued, or from jurisdictions with poor record-keeping); corroborating marital status for immigration purposes where USCIS requires evidence beyond the certificate itself to prove the marriage is genuine rather than fraudulent; providing third-party verification through witness testimony from family, friends, or officiants who can attest to the ceremony and ongoing marital relationship; meeting specific agency requirements where organizations like insurance companies, Social Security Administration, or probate courts request sworn affidavits as part of their documentation standards; and bridging documentation gaps for common law marriages, foreign marriages, or historical marriages that lack conventional paper trails. Essentially, the affidavit transforms personal knowledge about a marriage into a formal legal document that can be accepted by courts, government agencies, and other institutions that require verified proof of marital status under penalty of law.

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Affidavit of marriage help guide

Your affidavit of marriage will act as your sworn statement that you were validly married on the date and at the location specified. Whenever both spouses are available, we recommend that they both include their information and sign the affidavit.

To complete the affidavit, enter the current full legal name or names of the spouses involved. When entering in the addresses, be sure to use the address where the spouse currently lives.

The most important pieces of information are the date and place of marriage. Try to be as accurate as possible when entering in these items. The place of marriage is wherever the spouses signed the original certificate of marriage. In most states, there would have had to be some type of officiate at the ceremony, such as a priest or judge.

The final step is to sign the document in the presence of a notary public. If both spouses are signing, they must both sign it in the notary's presence or have it separately notarized. After that, your affidavit is complete.

Frequently asked questions

What is an affidavit of marriage and when should I use one?

Ideally, you should have your official marriage certificate tucked safely away with your other important documents, but if you cannot locate it, an affidavit of marriage can be created to use instead. An affidavit of marriage is a replacement marriage certificate that can be legally used if your original is lost. You may need to show this certificate in a variety of settings and situations, and it is legal proof that you were married. This can also be used if you are divorced but need to prove that you were married in the past. This document can also be called a joint affidavit of marriage or a marriage affidavit.

What is the difference between traditional marriage and common law marriage?

In some countries, a marriage ceremony is necessary before a couple can call themselves legally married in the traditional sense. It is different in the United States, as most states do not require this formality. The main requirements for a traditional marriage are that you be no less than 18 years old; sign a certificate of marriage in the presence of a minister, judge, or another authorized person; and obtain a marriage license from the state. These requirements apply in all 50 states, with only slight differences here and there.

However, it is not always quite as simple as that. Not all states recognize common law marriages. The states that recognize common law marriage today are Colorado, Alabama, District of Columbia, Idaho, Georgia, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. Although most states do not recognize same-sex marriages in common law, this has started to change after the federal government legalized same-sex marriages.

To prove the existence of a common law marriage in the states that permit it, you need to provide evidence that you have lived together for a certain length of time, which is usually two or three years. On top of this, there is other evidence that you may need to provide, such as sharing the same surname, referring to each other as husband or wife in public, sharing bank accounts and other financial commitments, and filing joint taxation returns.

You may also need to show that you naturally formed a relationship that is equivalent to being married. If you need to provide evidence of your common law marriage, you and your partner can sign affidavits swearing that you consider yourselves married. You can also obtain similar affidavits from friends, family members, and others that can attest to you being married. Additionally, you can use any other documents you have that tend to show that you are married, including jointly owned property deeds, bank statements, credit card accounts, birth certificates of your mutual children, employment agreements, insurance policies, and mail addressed to you both in your shared last name. This can only be done in a state that approves of common law marriage. Often, you will need this affidavit when applying for a foreign visa or if you lose your marriage certificate.

Even though not all states offer the status of a common law marriage, if you have gone through the process of confirming this in a state that does accept it, all other states, whether they legally approve of common law marriage or not, have to accept your status. Once you have completed the common law marriage process you will be given the same rights and obligations as people who are traditionally married.

Does an affidavit of marriage need to be notarized?

Notarization is the process of certifying the authenticity of your affidavit. The notary public, or other certifying official, attests to the authenticity of your signature by checking identification and then sealing or stamping the affidavit. Notarization is recommended to establish and support the authenticity of your affidavit. In addition, you will be required to have your affidavit notarized if it will be used in court.

What is included in an affidavit of marriage?

An affidavit of marriage requires identifying information about both spouses and the particulars of their marriage. This includes the following information:

The details of the spouses
The date of marriage
The place of marriage
Details of the spouses' children, if any

Affidavit of Marriage

Need another type of affidavit? Choose one below:

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When to use an affidavit of marriage

Create your affidavit of marriage in 3 easy steps

Collect Information

Answer Key Questions

Review, Sign, and Notarize

Why use an affidavit of marriage?

Why choose LegalNature?

Affidavit of marriage help guide

Frequently asked questions

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