How To Apply
Marriage License Application
Performing Marriages in Iowa
Identification Required: Government issued photo ID or passport
Witness: 1 person over the age of 18 (with photo ID) who personally knows both parties
Processing Cost: $35
Check Payable To: Johnson County Recorder
Processing Time: 3-day waiting period before license is valid
Application: Completed in the office or downloaded from the link above (if completed off-site, all 3 parties need to have their signatures notarized by a Notary Public)
Q: "I have been married before, do I need to show/bring divorce papers?"
A: No. Divorce papers are not required.
Q: "Do we need social security cards?"
A: No. Only government issued photo ID's or passports.
Q: "Does Iowa require a blood test?"
A: Iowa no longer requires blood tests.
Q: "Can the 3-day waiting period be 'bypassed'?"
A: Yes. A 3-DAY WAIVER can be obtained from our office. The waiver must be approved/signed by a judge at the courthouse between the hours of 1:30 - 2:30. There is an additional $5 cost to file the waiver.
Q: "Can people under the age of 18 get married?"
A: Yes. A CONSENT TO MARRY A MINOR form can be obtained through our office (or through link below). Parents of both parties must sign the form, in addition to a judge at the courthouse. There is no additional cost for filing this form.
IMPORTANT: THE COURT HOUSE DOES NOT PERFORM “ON THE SPOT” MARRIAGES. BELOW ARE THE NAMES AND NUMBERS OF LOCAL MAGISTRATES:
Magistrate James Martinek: (319) 624-4161
Magistrate Karen Egerton: (319) 351-5610
Judge Stephen C. Gerard II: (319) 356-6060
Consent to Marry A Minor
Persons 16 years & 17 years of age may be legally married with the consent of the parents of the underage party. This must be approved by a Judge prior to obtaining the marriage license.
Consent to Marry a Minor Application Common Law Marriage
FOR INCOME TAX PURPOSES
Under Iowa Code for Revenue and Finance1, common law marriage in Iowa is legal for the purposes of filing income taxes (Administrative Rule, Chapter 39 ) and property tax exemptions (Administrative Rule, Chapter 73 ).
IOWANS MAY CLAIM COMMON LAW MARRIAGE STATUS IF:
• a present intent of both parties freely given to become married exists
• both parties publicly declare themselves as common law married
• the parties have lived together continuously and consummated the marriage (no special time limit, however)
• both parties are legally capable of entering into a marriage relationship; that is, both are of legal age and neither is legally married to someone else at the time.
FOR MARRIAGE CERTIFICATE PURPOSES:
Only legally solemnized marriage ceremonies per the Code of Iowa, chapter 595, are registered as an Iowa vital event. Such marriages permit the parties to legally change their surname through the marriage certificate. Common law marriages are not registered in the Iowa vital records system.
1 Adm. Rule 701—73.25 (425) COMMON LAW MARRIAGE
A common law marriage is a social relationship that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized to perform marriages. The necessary elements of a common law marriage are: (a) a present intent of both parties freely given to become married, (b) a public declaration by the parties or a holding out to the public that they are husband and wife, (c) continuous cohabitation together as husband and wife (this means consummation of the marriage), and (d) both parties must be capable of entering into the marriage relationship. No special time limit is necessary to establish a common law marriage. This rule is intended to implement Iowa Code section 425.17 [Homestead Tax Credits and Reimbursement: Definitions].