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Home > Indiana > Marriage Law
Marriage Law Indiana
MARRIAGE LAWS OF INDIANA
The marriage laws in the State of Indiana is governed by Title 31, article 11- "Family law and Juvenile Law" of the Indiana Code. According to the law only male and female may marry male. A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.
 
PROHIBITED MARRIAGE
Two individuals may not marry each other if the individuals are more closely related than second cousins. However, they may marry each other only if the individuals are:
  1. first cousins; and
  2. both at least sixty-five (65) years of age.
Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.
 
VOID MARRIAGES
The following marriages are- declared to be void expressly as per law:
  1. if either party to the marriage had a wife or husband who was living when the marriage was solemnized.
  2. if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if:
    1. the marriage was solemnized after September 1, 1977;
    2. the parties to the marriage are first cousins; and
    3. both of the parties were at least sixty-five (65) years of age when the marriage was solemnized.
  3. if either party to the marriage was mentally incompetent when the marriage was solemnized.
  4. if the marriage is a common law marriage that was entered into after January 1, 1958.
  5. A marriage is void if the parties to the marriage:
    1. are residents of Indiana;
    2. had their marriage solemnized in another state with the intent to:
      • evade and
      • subsequently return to Indiana and reside in Indiana; and
    3. without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized.
MARRIAGEABLE AGE
Two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age.
They may marry each other if:
  1. both individuals are at least seventeen (17) years of age;
  2. each individual who is less than eighteen (18) years of age receives the consent from their parents in writing; and
  3. the individuals are not prohibited from marrying each other
If the individuals are 17 years old they must apply for the license with both parents (or the person with legal custody). They will need to sign the consent portion of the application. If they are 16 or 15 years old, they must petition the Circuit Court via a "Permission to Marry" form. The cost for filing this petition is $120.00 even if the Judge refuses to allow the couple to marry.
 
Documents Required
While applying for the marriage license the following documents may be required:
  1. Drivers license or identification card or other id showing current address and date of birth.
    1. A certified copy of the birth certificate.
    2. A copy of the divorce decree if divorced within the last two years.
MEDICAL TESTS
Women under the age of 50 must bring a completed State of Indiana Premarital Examination Certificate. These are available through your family doctor or any RediMed, StatCare, or other urgent care clinic. Blood tests or premarital examinations for men are not required.
 
Physician's report accompanying marriage license application
A clerk of a circuit court may not accept an application for a marriage license unless the application for the license is accompanied by a written report that is prepared and signed by a physician with an unlimited license to practice medicine. The report must contain the following:
  1. The name of the individual who was examined.
  2. A statement that the individual was examined by the physician.
  3. The date that the individual was examined.
  4. If the individual who was examined is a female who is less than fifty (50) years of age, a statement of whether the individual has an immunological response to rubella.
  5. A statement of whether the individual objected on religious grounds to taking a test to determine immunological response to rubella.
MARRIAGE LICENSE
 
Before two individuals may marry each other, the individuals must obtain a marriage license. Two individuals may marry each other if:
  1. the individuals are not prohibited from marrying for a reason set forth in this article; and
  2. a circuit or superior court clerk of the county of residence of either individual may not issue the individuals a marriage license unless:
    1. the individuals have filed with the court a verified petition that includes allegations that:
      • the female is at least fifteen (15) years of age;
      • the female is pregnant or is a mother;
      • each of the individuals who is less than eighteen (18) years of age has received the consent;
      • the male is at least fifteen (15) years of age and is either:
        1. the putative father of the expected child of the female; or
        2. the father of the female's child; and
      • the individuals desire to marry each other;
    2. the court has issued notice of the hearing to both parents of both petitioners or, if applicable to either petitioner:
      • to the legally appointed guardian or custodian of a petitioner; or
      • to one parent of a petitioner if the other parent:
        1. is deceased;
        2. has abandoned the petitioner;
        3. is mentally incompetent;
        4. is an individual whose whereabouts is unknown; or
        5. is a non-custodial parent who is delinquent in the payment of court ordered child support on the date the petition is filed;
  3. a hearing is held on the petition in which the petitioners and interested persons, including parents, guardians, and custodians, are given an opportunity to appear and present evidence; and
  4. the allegations have been proven.
Issuance of marriage license
 
Individuals who intend to marry must obtain a marriage license from the clerk of the circuit court of the county of residence of either of the individuals. If neither of the individuals who intends to marry is a resident of Indiana, the individuals must obtain the marriage license from the clerk of the circuit court of the county in which the marriage is to be solemnized.
 
VALIDITY
The marriage license is valid for 60 days. The license can only be used within the State of Indiana.
 
FEES
 
The fees required to be paid for the marriage license in the state of Indiana for the residents of Indiana is $18 and for residents of other states/countries $60.
 
MARRIAGE CERTIFICATES
 
Each marriage license must have two (2) certificates attached to the license. The state department of health shall prescribe a uniform form for these certificates. One (1) certificate must be marked "Original" and one (1) certificate must be marked "Duplicate". Each certificate must contain the following:
 
PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES
As per the law of the State the marriages may be solemnized by any of the following:
  1. A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi.
  2. A judge.
  3. A mayor, within the mayor's county.
  4. A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.
  5. A clerk of the circuit court.
  6. The Friends Church, in accordance with the rules of the Friends Church.
  7. The German Baptists, in accordance with the rules of their society.
  8. The Bahai faith, in accordance with the rules of the Bahai faith.
  9. The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.
  10. An imam of a masjid (mosque), in accordance with the rules of the religion of Islam

SOLEMNIZATION OF MARRIAGE

Individuals who intend to marry each other must present a marriage license to an individual who is authorized to solemnize marriages.
 
Completion of marriage
The individual who solemnizes a marriage shall do the following:
  1. Complete the original and duplicate certificates of marriage.
  2. Give the original certificate to the individuals who married each other.
    1. Not later than thirty (30) days after the date of the marriage, file the duplicate certificate and the license to marry with the clerk of the circuit court who issued the marriage license.
    2. The clerk of the circuit court shall record the duplicate certificate and license to marry.
INDIANA COUNTY CLERK'S OFFICE
 

Adams County Recorder
Decatur, IN
219.724.2600

Allen County Recorder
Fort Wayne, IN
2194497247

Bartholomew Cty. Recorder
Columbus, IN
812.379.1600

Benton County Recorder
Fowler, IN
765.884.0930

 

Blackford County Clerk
Hartford City, IN
765.348.1130

 

Boone County Recorder
Lebanon, IN
765.482.6503

Brown County Recorder
Nashville, IN
812.988.5510

 

Carroll County Recorder
Delphi, IN
765.564.4485

Cass County Recorder
Logansport, IN
219.753.7740

Clark County Recorder
Jeffersonville, IN
812.285.6244

Clay County Recorder
Brazil, IN
812.462.3211

Clinton County Recorder
Frankfort, IN
765.659.6335

Crawford County Recorder
English, IN
812.338.2565

Daviess County Recorder
Washington, IN
812.254.8664

De Kalb County Recorder
Auburn, IN
219.925.9787

Dearborn County Recorder
Lawrenceburg, IN
812.537.8867

Decatur County Recorder
Greensburg, IN
812.663.8223

Delaware County Recorder
Muncie, IN
765.747.7726

Dubois County Recorder
Jasper, IN
812.481.7035

Elkhart County Recorder
Goshen, IN
219.535.6433

Fayette County Recorder
Connersville, IN
765.825.1813

Floyd County Recorders
New Albany, IN
812.948.5411

Fountain County Recorder
Covington, IN
765.793.2192

Franklin County Recorder
Brookville, IN
502.875.8702

Fulton County Clerk
Rochester, IN
219.223.2911

Gibson County Clerk
Princeton, IN
812.386.8401

Grant County Recorder
Marion, IN
765.668.6542

Greene County Recorder
Bloomfield, IN
812.384.8532

Hamilton County Recorder
Noblesville, IN
317.776.9629

Hancock County Recorder
Greenfield, IN
317.462.1109

 

Harrison County Recorder
Corydon, IN
812.738.4289

Hendricks County Recorder
Danville, IN
317.745.9231

Howard County Recorder
Kokomo, IN
765.456.2204

Huntington County Recorder
Huntington, IN
219.358.4817

Jackson County Recorder
Brownstown, IN
812.358.6116

Jasper County Recorder
Renselaer, IN
219.866.4926

Jennings County Recorder
Vernon, IN
812.346.5977

Johnson County Recorder
Franklin, IN
317.736.3708

Knox County Recorder
Vincennes, IN
812.885.2521

Kosciusko County Recorder
Warsaw, IN
219.372.2331

La Porte County Recorder
La Porte, IN
219.874.6811

La Grange County Recorder
La Grange, IN
219.463.3442

Lake County Recorder
Crown Point, IN
219.755.3440

Lawrence County Recorder
Bedford, IN
812.275.7543

Madison County Clerk
Anderson, IN
765.641.9443

Marion County Recorder
Indianapolis, IN
317.327.4725

Effingham County Court
Springfield, GA
912.754.2112

Marshall County Recorder
Plymouth, IN
317.327.4725

Martin County Recorder
Shoals, IN
812.247.3651

Miami County Recorder
Peru, IN
317.472.3901

Monroe County Recorder
Bloomington, IN
812.349.2600

Montgomery County Recorder
Crawfordsville, IN
765.364.6430

Morgan County Recorder
Martinsville, IN
765.342.1025

Newton County Recorder
Kentland, IN
219.474.6081

Noble County Recorder
Albian, IN
219.636.2736

Ohio County Recorder
Rising Sun, IN
812.438.2610

Orange County Recorder
Paoli, IN
812.723.2649

Owen County Recorder
Spencer, IN
812.829.5015

Parke County Recorder
Rockville, IN
765.569.5132

Pasey County Recorder
Mount Vernon, IN
812.838.1306

Perry County Recorder
Cannelton, IN
812.547.3741

Pike County Recorder
Petersburg, IN
812.354.6025

Porter County Recorder
Valparaiso, IN
219.465.3450

Pulaski County Recorder
Winamac, IN
219.946.3313

Putnam County Recorder
Green Castle, IN
765.653.2648

Randolph County Recorder
Winchester, IN
765.584.7207

Ripley County Recorder
Versailles, IN
812.689.6115

Rush County Recorder
Rushville, IN
765.932.2086

Scott County Recorder
Scottsburg, IN
812.752.8420

Shelby County Recorder
Shelbyville, IN
317.392.6320

Spencer County Recorder
Rockport, IN
812.649.6027

St Joseph Recorders
South Bend, IN
219.235.9635

Stark County Recorder
Knox, IN
219.772.9128

Steuben County Recorder
Angola, IN
219.668.1000

Sullivan County Recorder
Sullivan, IN
812.268.4657

Switzerland Cty. Recorder
Vevay, IN
812.427.3175

Tippecanoe Cty. Recorder
Lafayette, IN
765.423.9326

Tipton County Recorder
Tipton, IN
765.675.2795

Union County Recorder
Liberty, IN
765.458.6121

Vandenburg Cty. Recorder
Evansville, IN
812.435.5160

Vermillion Cty. Recorder
Newport, IN
765.492.3500

Vigo County Recorder
Terre Haute, IN
812.462.3211

Wabash County Recorder
Wabash, IN
219.563.0661

Warren County Recorder
Williamsport, IN
765.762.3510

Warrick County Recorder
Boonville, IN
812.897.6160

Washington County Recorder
Salem, IN
812.883.5748

Wayne County Recorder
Richmond, IN
765.973.9220

Wells County Recorder
Bluffton, IN
219.824.6479

White County Recorder
Monticello, IN
219.583.7032

Whitley County Recorder
Columbia City, IN
219.248.3102

 

 

 

 


 
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