Getting married while incarcerated is possible but the process varies significantly by facility, jurisdiction, and security level. Some facilities actively facilitate inmate marriages. Others make it extremely difficult. This section covers how to request permission to marry an incarcerated person, what the facility approval process typically looks like, what documentation is required, how the ceremony is conducted, what legal rights a prison marriage carries, and what practical considerations families should think through before pursuing marriage during incarceration. The questions answered here come from people in real relationships navigating this decision with limited information. The guidance is practical and honest about both the possibilities and the challenges. Marriage during incarceration can be a meaningful source of stability and commitment for both parties when approached with clear eyes and realistic expectations. See also our sections on Visitation, Relationship Issues, and Family Services.
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Subject: Marriage in prison
We are not sure about this. We know that they do not allow same-sex conjugal visits where they still have them. We would advise you to really think hard about the potential side effects to the inmate because of the controversial nature. We just think that the jail environment is the wrong setting to try something that is against the grain. We are not opposed, we just think you might be better to wait until your inmate is released.
Subject: Marriage in prison
You will need to obtain a Marriage License from the county recorder's office. For incarcerated persons, they will not be in a position to appear before the county recorder to apply with you for the marriage license. Instead, the inmate will need to sign a form called “Affidavit of Inability to Appear." This Inability to Appear form must be notarized. There are costs associated with these functions, we do not know what they are.
Subject: Marriage in prison
When an inmate decides to get married, the first step is to submit an inmate request form to the Chaplain requesting to be married. The Chaplain tells the inmate about the information and forms they must provide in order for a decision to be made. This includes:
A letter from both parties indicating their desire to marry;
court papers indicating the termination of a marriage(s) if either party was previously married; or in the case of a marriage ending by the...
Read moreSubject: Marriage in prison
It depends on where they are incarcerated and how long their sentence is. Usually, inmates with short sentences are not permitted to marry while locked up.
Subject: Marriage in prison
Our best advice is to call the facility chaplain and ask if this is available to the inmates and if so what the rules are.
Subject: Marriage in prison
Getting married will require the approval of the warden. You might try communicating with the chaplain first to see what the institution's rules are for getting married.
Subject: Marriage in prison
Regulations for marrying a prisoner will vary from prison institution to institution - it is usually only available if the inmate has a long sentence.
The chaplain at the prison will be a good source of information about getting married there.
If your relationship with a prisoner has been only through mail or email correspondence, don't get married!
Before getting married, talk with others who have married prisoners so you have an understanding of how difficult this role may be...
Read moreSubject: Marriage in prison
Not sure. Facilities that allow marriage do so mainly for long-term sentenced inmates. We would advise calling the chaplain and asking what their policy is.
Subject: Marriage in prison
Not all jails allow inmates to get married, but many state and federal prisons do allow it. You should call the facility chaplain to see what the policy is for marriage.
Subject: Marriage in prison
It's not a law, it's a privilege that is offered to inmates with more than a year on their sentence with approval from the warden.
Subject: Marriage in prison
Yes, several penal facilities allow inmates to marry. You would first speak with the chaplain at the prison. The majority of chaplains don't believe prisoners should be allowed to marry. They feel as long as someone is incarcerated and not contributing to society, it goes along as part of the punishment. They don't deserve to be married while in prison because it's a privilege."
That privilege extends to spending time alone with a new wife, something that doesn't happen after most...
Read moreSubject: Marriage in prison
We have answered this question a few times on Ask the Inmate, we are going to use your question to expand on our advice. Here are some realities that happen AFTER the marriage to an inmate.
After you get married, you go back and sit down and have a visit. You sit at a table, you get to touch hands, and pretty much that's it. You can kiss for two minutes, maybe, if you're lucky.
The ensuing years will not be a...
Read moreSubject: Marriage in prison
In many institutions will allow inmates to marry. There are some criteria, one being that they must have a sentence longer than one year. Call the facility chaplain for details.
What legal process applies is related to the rules of the place where the person is incarcerated, the terms of their sentence, practicalities, etc. The laws applicable to marriage however, are no different for someone who is in jail versus someone who is not.
The Supreme Court recognized marriage as a fundamental...
Read moreSubject: Marriage in prison
Yes, you can get married in the federal prison system as long as they are not in their last twelve months.
Each partner must be legally eligible and mentally competent to marry. Marriages may be blocked for security or disciplinary reasons; solitary confinement can block access to marriage. Those seeking to marry should approach the warden or chaplain to determine the individual requirements for marriage at each particular institution.
Step 1
Call the prison and speak to the chaplain or other knowledgeable person...
Read moreSubject: Marriage in prison
Yes, if your inmate has a long sentence you can contact the chaplain at the institution and have your inmate start applying for a marriage license.
Even mass murderer Charles Manson has gotten a license to marry a 26-year-old woman who visits him in prison. Each California state prison facility designates an employee to be a marriage coordinator who processes paperwork for an inmate's request to be wed. In most cases, the department of corrections approves of such weddings as "a...
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