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Savvy August 2016

Is my officiant legal?

Sara, on August 25, 2015 at 12:07 PM Posted in Planning 0 41

A family friend is an universal officiant. Anyway, I've heard some states don't allow universal officiants, and the officiant must be a minister/pastor. I'm getting married in Michigan. I've researched, but am getting conflicting information regarding if the officiant can be universal or has to be a minister or pastor.

I've called the county office twice, no luck beyond-- "it'll probably be fine." Maybe it's just me, but I would like to know I'm legally getting married.

Has anyone had any situations where they discover their officiant wasn't an officiant?

41 Comments

Latest activity by Sara, on September 7, 2015 at 12:40 AM
  • BookcaseHat
    Master July 2017
    BookcaseHat ·
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    Ask your officiant. If he or she is a professional, s/he'll know what's legal where.

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  • Natalie
    Master May 2015
    Natalie ·
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    I read the state laws to see what was legal. In Connecticut a pastor or priest has to have an active congregation. So someone ordained online would not be able to legally marry you. But a justice of the peace can marry you legally. I would suggest Google searching for the laws in your state and seeing what they say.

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  • Barbara
    Master September 2014
    Barbara ·
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    Michigan law says "ministers and pastors of the gospel". So, strictly speaking, someone who is ordained online and does not have a congregation would likely not legally be able to marry you. It's stupid, but employees of the clerk's office can't give you a straight answer b/c they are not allowed to interpret the law.

    There have been cases in Long Island, NY where ppl's marriages have been proven invalid for this reason. To be on the safe side, I'd go with a pro.

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  • kahlcara
    Master August 2013
    kahlcara ·
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    Here's the Michigan law. http://www.legislature.mi.gov/(S(oosk1mzk1jvybnohwppotdgt))/mileg.aspx?page=getobject&objectname=mcl-551-7&query=on&highlight=solemnize

    It depends on whether they consider your officiant a "religious practitioner" authorized to solemnize marriages according to the denomination.

    BUT. If you have any doubts or unclear answers, I would use an officiant who is definitely legal. If something's not right, it's unlikely that you would know and be able to fix it because it wouldn't come up until there's a problem and you're relying on the fact that you're married. (examples: inheritance or divorce).

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  • S
    Savvy August 2016
    Sara ·
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    Lovely. All of your answers are exactly as I feared...

    The way I interpreted the law in Michigan, is officiant must be religious in some way. It's difficult, because she (and my FMIL) insists she's legal to marry us. I have a friend that's a lawyer in another state. She does divorces a lot, so I'll ask her. Then I can feel better about having to say... hey sorry, but my lawyer says this isn't legal. I'd love to use her, but I need it to all be legal.

    Thanks for the feedback. It makes me feel much better to know I'm not weird for worrying about this.

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  • AthenaKay
    Master June 2015
    AthenaKay ·
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    I would still ask your officiant. They should know.

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  • ChildressAtLast
    VIP June 2016
    ChildressAtLast ·
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    I'm in michigan, and my parents got remarried( they had been divorced for almost ten years) almost three years ago by my cousin who was ordained online. Ask your officiant.

    Eta: this cousin is also a divorce lawyer so I don't think she would have done it if it wasn't legal. But again, check.

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  • MrsA
    Master October 2015
    MrsA ·
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    Does this help?

    http://www.themonastery.org/wedding-laws/michigan#state-code

    Michigan Marriage Code

    Michigan law states that a "minister of the gospel" may officiate at weddings. The language used may give the impression that the right is restricted to clergy of a specific religion, but it's actually just an older phrasing than most states use today - ministers of any religion are afforded equal rights in Michigan. Any clergyperson authorized by his or her religious organization to solemnize marriages may perform weddings in Michigan. This includes ministers who have become a minister by getting ordained online by the Universal Life Church Monastery. In Michigan, individuals authorized to perform marriages are granted that power via section 7 of article 551 of Michigan's state code. Below, you will find an excerpt of this code. Universal Life Church ministers regularly officiate legally valid marriages in the State of Michigan.

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  • Celia Milton
    Celia Milton ·
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    Don't go by any other website than a .gov site. In NYC, as Barbara mentioned, there is some discussion as to who is legal and who is not.

    Universal life minister ARE ministers, but they are not ministers with congregations which is a requirement in some states.

    The problem is that almost no one is willing to say what is legal and what isn't. I'd personally go to the clerk and get married, and then have your friend do the ceremony.

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  • S
    Savvy August 2016
    Sara ·
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    @MrsA2B Thanks!!! That's much more detailed. I've been going through the Michigan state laws online trying to translated to English... I found this, but was still confused. I don't know where she even 'technically' resides. It's still really odd to me that this isn't more organized. If it's been a problem in states for people to get married and then find out they aren't married...shouldn't they get the license or application back with a denial of marriage or something? It's so frustrating.

    (i) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination.

    (j) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or cleric or religious practitioner resides.

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  • S
    Savvy August 2016
    Sara ·
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    Celia--

    I thought about trying the country clerk, but frankly the office in Michigan has been no help. The woman on the phone told me I have to make an appointment with the clerk to get married. I asked how early in advance to make such appointment: if that was a 'walk in' appointment or something that I need to make weeks in advance. For example, I had to close an estate a few years ago and was told I needed an appointment and they literally meant I needed to walk next door and wait in line.

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  • Sarah195
    Master October 2016
    Sarah195 ·
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    I'm getting married in Michigan too! This is something I have to worry about too I guess lol.

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  • S
    Savvy August 2016
    Sara ·
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    FutureMrs.C-- if you're using a professional, I imagine it's fine. I just wanted to use a friend of the family vs. a stranger (and save $300)...but I'd hate to find out years down the road that somehow we weren't legally married. I'm really tempted to just get married in my home town where I know the laws and it's literally you walk in, sign a form, say the words and done. And...if anyone wonders or cares, my lawyer friend in another state can't answer since she doesn't practice law in Michigan. FML.

    I guess I'll have that tough convo with our friend: explain my confusion and ask (again) that she's positive, she's able to legally marry us in Michigan.

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  • Barbara
    Master September 2014
    Barbara ·
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    Sara-- in NYC, you just wait in line to get married (well, technically there's no line, you get a number), but I imagine it would be the same elsewhere.

    What county/municipality are you in? Maybe we can help you find the appropriate clerk's office website with marriage info?

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  • Celia Milton
    Celia Milton ·
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    A line is nothing compared to not really being married. You have plenty of time.

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  • Staci
    Master September 2014
    Staci ·
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    Pennsylvania does not accept this type of officiant. My uncle was ordained on the internet and swore up and down that he could legally marry me in PA. But he couldn't.

    Definitely talk to a Michigan official and don't just rely on your friend.

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  • Janet
    Expert October 2015
    Janet ·
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    Oh my goodness I never even thought about this! I hope you figure it out! Let us know what happens!

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  • Celia Milton
    Celia Milton ·
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    Eh, Staci, most of PA is fine with internet ordinations.......the article that is usually cited is from 2007, and that was overturned. Compounding that confusion is the fact that PA is a commonwealth and you can't really get a straight answer from any given county for any other county....

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  • Barbara
    Master September 2014
    Barbara ·
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    To add to what Celia yes, the "line" in NYC is actually quite heart-warming and not a bad experience at all. We didn't get married at the Clerk's office, but we did need to go there for our license, and seeing all the couples waiting to get married-- it's pretty moving. All the couples were so different in so many ways--some dressed up, some dressed down; some there with their kids, or their friends, or just a photographer; some with accents, some speaking other languages, some laughing and chatting excitedly, some just holding hands in silence--just amazing that they all had that pull to commit to another person in common. :..)

    And the staff are all super nice (at least in person)-- probably b/c its the one government job where people are actually happy to be there Smiley tongue

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  • Staci
    Master September 2014
    Staci ·
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    Haha true Celia. In some cases it seemed it would be accepted, but definitely rather be safe than sorry. We were also fairly certain they were infringing on first amendment rights with some of their restrictions but that's a different story.

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