Living Together Is Not Marriage
G.L. c. 207, § 19 — notice of intention three days ahead, a certificate, then an authorized officiant
In Massachusetts, persons intending to marry jointly file notice of their intention with the clerk or registrar of any city or town at least three days before the marriage, and pay the fee. Living together, however long, does not stand in for that notice and a solemnized marriage.
The certificate. On or after the third day from the filing, and no later than 60 days after it, the clerk or registrar delivers a certificate to the couple, and it goes to the minister or magistrate before the ceremony. A certificate not used is returned within 60 days after the notice was filed.
Who may solemnize. Resident clergy and religious officials of the faiths the section lists, certain justices of the peace and clerks, a Friends or Quaker meeting for worship, and any other religious organization that has filed its information with the state secretary.
Someone designated for one wedding. The governor may designate any other person to solemnize a particular marriage on a particular date in a particular city or town. The state secretary issues the certificate for $25 by mail, fax or hand delivery, or $20 online, and it expires once the marriage is solemnized.
Age. A magistrate or minister may not solemnize a marriage if a party to it is under the age of 18.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together long enough makes a common-law marriage | What the law actually doesA notice of intention filed at least three days ahead, a certificate from the clerk, then a ceremony by an authorized person |
| The assumptionOnly clergy or a judge can officiate | What the law actually doesThe governor may designate any other person to solemnize a particular marriage on a particular date |
Property and support between unmarried partners, and a marriage validly made in another place, are not on this page. What a particular situation carries is a question for a licensed Massachusetts attorney.
Sources for this section (5)
- G.L. c. 207, § 19 — Intention of marriage; situs; time; fees
- G.L. c. 207, § 28 — Certificate of intention of marriage; delivery; time
- G.L. c. 207, § 38 — Solemnization of marriage; situs; persons authorized
- G.L. c. 207, § 39 — Solemnization of marriage; justice or non-resident clergymen
- G.L. c. 207, § 7 — Marriage of minors prohibited
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.