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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:
- first cousins; and
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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:
- if either party to the marriage had a wife or husband who was living when the marriage was solemnized.
- if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if:
- the marriage was solemnized after September 1, 1977;
- the parties to the marriage are first cousins; and
- both of the parties were at least sixty-five (65) years of age when the marriage was solemnized.
- if either party to the marriage was mentally incompetent when the marriage was solemnized.
- if the marriage is a common law marriage that was entered into after January 1, 1958.
- A marriage is void if the parties to the marriage:
- are residents of Indiana;
- had their marriage solemnized in another state with the intent to:
- evade and
- subsequently return to Indiana and reside in Indiana; and
- 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:
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both individuals are at least seventeen (17) years of age;
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each individual who is less than eighteen (18) years of age receives the consent from their parents in writing; and
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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:
- Drivers license or identification card or other id showing current address and date of birth.
- A certified copy of the birth certificate.
- 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:
- The name of the individual who was examined.
- A statement that the individual was examined by the physician.
- The date that the individual was examined.
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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.
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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:
- the individuals are not prohibited from marrying for a reason set forth in this article; and
- a circuit or superior court clerk of the county of residence of either individual may not issue the individuals a marriage license unless:
- 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:
- the putative father of the expected child of the female; or
- the father of the female's child; and
- the individuals desire to marry each other;
- 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:
- is deceased;
- has abandoned the petitioner;
- is mentally incompetent;
- is an individual whose whereabouts is unknown; or
- is a non-custodial parent who is delinquent in the payment of court ordered child support on the date the petition is filed;
- 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
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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:
- 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.
- A judge.
- A mayor, within the mayor's county.
- A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.
- A clerk of the circuit court.
- The Friends Church, in accordance with the rules of the Friends Church.
- The German Baptists, in accordance with the rules of their society.
- The Bahai faith, in accordance with the rules of the Bahai faith.
- The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.
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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:
- Complete the original and duplicate certificates of marriage.
- Give the original certificate to the individuals who married each other.
- 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.
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The clerk of the circuit court shall record the duplicate certificate and license to marry.
INDIANA COUNTY CLERK'S OFFICE
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Adams County Recorder Decatur, IN 219.724.2600
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Allen County Recorder Fort Wayne, IN 2194497247
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Bartholomew Cty. Recorder Columbus, IN 812.379.1600 |
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Benton County Recorder Fowler, IN 765.884.0930
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Blackford County Clerk Hartford City, IN 765.348.1130
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Boone County Recorder Lebanon, IN 765.482.6503 |
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Brown County Recorder Nashville, IN 812.988.5510
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Carroll County Recorder Delphi, IN 765.564.4485
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Cass County Recorder Logansport, IN 219.753.7740 |
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Clark County Recorder Jeffersonville, IN 812.285.6244
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Clay County Recorder Brazil, IN 812.462.3211
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Clinton County Recorder Frankfort, IN 765.659.6335 |
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Crawford County Recorder English, IN 812.338.2565
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Daviess County Recorder Washington, IN 812.254.8664
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De Kalb County Recorder Auburn, IN 219.925.9787 |
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Dearborn County Recorder Lawrenceburg, IN 812.537.8867
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Decatur County Recorder Greensburg, IN 812.663.8223
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Delaware County Recorder Muncie, IN 765.747.7726 |
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Dubois County Recorder Jasper, IN 812.481.7035
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Elkhart County Recorder Goshen, IN 219.535.6433
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Fayette County Recorder Connersville, IN 765.825.1813 |
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Floyd County Recorders New Albany, IN 812.948.5411
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Fountain County Recorder Covington, IN 765.793.2192
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Franklin County Recorder Brookville, IN 502.875.8702 |
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Fulton County Clerk Rochester, IN 219.223.2911
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Gibson County Clerk Princeton, IN 812.386.8401
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Grant County Recorder Marion, IN 765.668.6542 |
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Greene County Recorder Bloomfield, IN 812.384.8532
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Hamilton County Recorder Noblesville, IN 317.776.9629
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Hancock County Recorder Greenfield, IN 317.462.1109 |
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Harrison County Recorder Corydon, IN 812.738.4289
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Hendricks County Recorder Danville, IN 317.745.9231
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Howard County Recorder Kokomo, IN 765.456.2204 |
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Huntington County Recorder Huntington, IN 219.358.4817
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Jackson County Recorder Brownstown, IN 812.358.6116
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Jasper County Recorder Renselaer, IN 219.866.4926 |
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Jennings County Recorder Vernon, IN 812.346.5977
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Johnson County Recorder Franklin, IN 317.736.3708
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Knox County Recorder Vincennes, IN 812.885.2521 |
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Kosciusko County Recorder Warsaw, IN 219.372.2331
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La Porte County Recorder La Porte, IN 219.874.6811
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La Grange County Recorder La Grange, IN 219.463.3442 |
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Lake County Recorder Crown Point, IN 219.755.3440
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Lawrence County Recorder Bedford, IN 812.275.7543
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Madison County Clerk Anderson, IN 765.641.9443 |
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Marion County Recorder Indianapolis, IN 317.327.4725
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Effingham County Court Springfield, GA 912.754.2112
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Marshall County Recorder Plymouth, IN 317.327.4725 |
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Martin County Recorder Shoals, IN 812.247.3651
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Miami County Recorder Peru, IN 317.472.3901
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Monroe County Recorder Bloomington, IN 812.349.2600 |
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Montgomery County Recorder Crawfordsville, IN 765.364.6430
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Morgan County Recorder Martinsville, IN 765.342.1025
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Newton County Recorder Kentland, IN 219.474.6081 |
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Noble County Recorder Albian, IN 219.636.2736
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Ohio County Recorder Rising Sun, IN 812.438.2610
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Orange County Recorder Paoli, IN 812.723.2649 |
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Owen County Recorder Spencer, IN 812.829.5015
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Parke County Recorder Rockville, IN 765.569.5132
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Pasey County Recorder Mount Vernon, IN 812.838.1306 |
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Perry County Recorder Cannelton, IN 812.547.3741
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Pike County Recorder Petersburg, IN 812.354.6025
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Porter County Recorder Valparaiso, IN 219.465.3450 |
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Pulaski County Recorder Winamac, IN 219.946.3313
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Putnam County Recorder Green Castle, IN 765.653.2648
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Randolph County Recorder Winchester, IN 765.584.7207 |
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Ripley County Recorder Versailles, IN 812.689.6115
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Rush County Recorder Rushville, IN 765.932.2086
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Scott County Recorder Scottsburg, IN 812.752.8420 |
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Shelby County Recorder Shelbyville, IN 317.392.6320
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Spencer County Recorder Rockport, IN 812.649.6027
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St Joseph Recorders South Bend, IN 219.235.9635 |
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Stark County Recorder Knox, IN 219.772.9128
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Steuben County Recorder Angola, IN 219.668.1000
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Sullivan County Recorder Sullivan, IN 812.268.4657 |
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Switzerland Cty. Recorder Vevay, IN 812.427.3175
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Tippecanoe Cty. Recorder Lafayette, IN 765.423.9326
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Tipton County Recorder Tipton, IN 765.675.2795 |
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Union County Recorder Liberty, IN 765.458.6121
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Vandenburg Cty. Recorder Evansville, IN 812.435.5160
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Vermillion Cty. Recorder Newport, IN 765.492.3500 |
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Vigo County Recorder Terre Haute, IN 812.462.3211
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Wabash County Recorder Wabash, IN 219.563.0661
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Warren County Recorder Williamsport, IN 765.762.3510 |
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Warrick County Recorder Boonville, IN 812.897.6160
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Washington County Recorder Salem, IN 812.883.5748
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Wayne County Recorder Richmond, IN 765.973.9220 |
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Wells County Recorder Bluffton, IN 219.824.6479
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White County Recorder Monticello, IN 219.583.7032
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Whitley County Recorder Columbia City, IN 219.248.3102 |
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