A successful wedding requires a few key elements. For starters, you must have two adults who are capable of consent. They also have to be in the same location. Or do they? One notable exception is proxy marriage, which allows one partner to be physically absent yet still tie the knot. But is it legal? And which jurisdictions recognize proxy marriages? In this short guide, you’ll find the answers to these and other burning questions.
The Basics of Proxy Weddings
Defining the proxy marriage is the first step in understanding it. At its basics, it’s a wedding in which one party is not in the same location as the other. The missing party may be in the next city, county, or state. Or that person may be thousands of miles away in another country.
Boundless explains that a proxy wedding can take place in any number of ways. Traditionally, another person stood in for the missing party when vows were exchanged. In very rare cases, both spouses-to-be could have stand-ins. These weddings usually took place out of necessity. Deployed military personnel, for example, tied the knot so their partners could receive benefits if they were killed in action. Proxy weddings are also done for immigration purposes, but U.S. Citizenship and Immigration Services may ask for proof that the couple has consummated the marriage.
The Legality of Zoom Weddings
Yet with today’s advanced communication technologies, this may not be necessary. During the first year of the COVID-19 pandemic, proxy marriages were often conducted via videoconferencing — hence the advent of the “Zoom wedding.” Of course, a Zoom wedding could also consist of a couple physically present in one spot and the officiant conferenced in and performing the ceremony from a remote location. Another variation of the Zoom wedding involved the couple and their officiant at their venue of choice while the guests watched from offsite.
Individual jurisdictions took different approaches to the legality of virtual proxy weddings. Early in the pandemic, some places like New York City temporarily permitted these weddings to take place as long as both halves of the couple were in the same location. The officiant could solemnize the marriage remotely. As of right now, Utah is the only state that allows entirely virtual ceremonies. Utah law specifies that the officiant must be inside the state for a virtual wedding to be legal. The couple, however, can attend via video chat.
Unique Provisions in State Laws
Military One Source mentions that only a few other states permit proxy weddings. As of right now, these include Texas, Colorado, Missouri, Massachusetts, Tennessee, and Montana, plus the District of Columbia. In some of these jurisdictions, these weddings are legal without any exceptions. In others, couples must note and observe any limitations. For example, Texas only allows proxy weddings if one party is in the military and stationed outside the country. Colorado permits them if one party is ill or outside the state. Montana is the only state that recognizes double-proxy marriages, but one of the parties must be in the military and on active duty.
With marriage laws sometimes changing, it’s best to confirm the legality of your upcoming wedding with a trusted source. Wedding Wire offers a useful guide summarizing these laws. You can also check out detailed information on the Get Ordained website. You’ll find fast facts plus in-depth explanations of residency requirements, waiting periods, and more.
Staying Aware of Current Realities
As social and practical realities shift, our laws must also sometimes change to accommodate them. Sometimes, these changes are permanent. In other cases, they’re temporary. The world at large is attempting a return to normal, but challenges like vaccine hesitancy and new coronavirus variants remain. Ultimately, it’s up to public officials whether to keep marriage laws as they are or change them to accommodate new developments.