As you may already know, Iowa marriage laws have recently changed. In fact, I suspect that even most under-rock dwellers are aware that in April 2009, Iowa became the third state in the U.S. to grant marriage equality – without regard to gender – to couples getting married in Iowa.
Here are the basics for everyone:
The $35 license application fee includes a certified copy of the Certificate of Marriage, which is generally mailed to you after the wedding takes place and it has been registered/recorded. There is generally a three-day waiting period after the license is issued.
Even prior to the groundbreaking court ruling on equality, Iowa has had several highly progressive statutes related to marriage that are worth noting – so read the following before you and your intended apply for a marriage license.
First, a notice is printed on every single license that states, "Neither of you is the property of the other." Now, we are already aware that this is true, but it is still nice to see it in writing.
The same notice also states, "The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage under the full protection of the laws of this state with regard to violence and abuse." And while the first part of this line from the statute may be what warms the hearts of same-gender couples who have just gained the right to marry here, the last six words are no doubt a great comfort to all who have ever had concerns about relationship violence.
Iowa law also allows for a measure of privacy when applying for a marriage license.
The names of license applicants are a matter of public record, so this information is often published in a local or regional newspaper and is also available to anyone who requests it from a particular county. For people with issues related to an ex or to family members – or any other reason for wishing privacy – Iowa law allows a license to be used anywhere in the state.
That means you can apply for a license in another county, where there is no local paper or where no one has ever heard of you, and still use the license to get married wherever (within Iowa) you choose.
On a happier note, Iowa also has progressive laws related to name changes through marriage.
Rather than assuming one person will drop her/his own surname and take on the other’s, in Iowa you get to request a specific new name (or specify that you want to keep the one you have) when you apply for the marriage license. In addition to keeping your own name or hyphenating the two surnames – both of which are somewhat common variations – other options simply abound.
You can combine all or part of your last or middle names to make a new surname, hyphenate or change the spelling of any name, change your given name to what you’ve always been called, or pick out a new last name together. You might drop a surname in favor of another family name, return to your original (maiden) surname with or without any other appellation, and so on. For example, a Mary Jane Smith might keep her name as it is, or (assuming she was formerly a Williams, is marrying a Jones, has a mother named Rose, and is close to a relative named Bailey) could change her name in any of the ways listed below.
Mary Jane Jones Mary Smith Jones Jane Smith Jones Mary Jane Smith-Jones Mary Jane Smithjones Mary Jayne Jonesmith Mary Jane Smones Mary Williams Jith Mary Jayne Smith Jayne Anne Jones Mary Jane Rose Mary-Jane Smith Jones Mary Jane Bailey Mary Anne Bailey Merri Jane Williams Mary Bailey Williams-Jones Mary Williams Jones Mary Jane Williams-Jones Mary Jane Jones-Rose
Likewise, a Michael James Smith (who has a mother who is a Williams, is himself marrying a Jones, and is close to a relative named Bailey), could keep the name he has or change his name in any of the following ways.
Michael James Jones Michael Smith Jones James Smith Jones Michael James Smith-Jones Michael James Smithjones Michael Jay Jonesmith Michael James Smones Michael Jamie Jith Michel James Smith James Michael Jones Mickey-Jay Smith Jones Michael James Bailey Michael Jason Bailey Mick-James Bailey Williams Michael James Williams-Smith Michael Bailey Williams-Jones Michael Williams Jones Michael James Williams-Jones
In truth, this list may be infinitely longer than some would even care to think about, but just the idea that you get to choose can be quite exciting for many people.
Additional notes:
The recent change in Iowa law has resulted in a few changes on forms, including identification of the two parties getting married as A and B rather than bride and groom. You both have the option of self-identifying as a bride, a groom or a spouse, but can also choose not to identify yourself as any one of the three. You may indicate your gender when you fill out the forms as well, but are not required to identify yourself by gender if you prefer to leave that space blank.
There is a process (and an additional fee) for requesting a waiver of the three-day waiting period, but just what determines whether a waiver is granted is not clear to me. Couples from other states, or who are from here but now live elsewhere, may also apply by mail in time for the license to be issued in advance of their wedding date.
After the wedding, you may also choose to pick up your Certificate of Marriage in person (or designate a family member to pick it up for you) rather than have it mailed.
An excellent source for more specifics on Iowa marriage laws is the website of Scott County, Iowa, which has loads of information and forms you can download and print. The web address for that office is www.scottcountyiowa.com/recorder, in case you want more information.
If your outdoor wedding's "inclement weather backup location" (often, but not always, the reception site) is in a different county in Iowa, you can use the same license. If, however, the alternate site is in a neighboring state, you should get a backup license as well. Check the laws for that location carefully, as some states (including Illinois), will require your backup license to be specific to the county in question, not just the state.
