To constitute a valid marriage as per the laws of Michigan the following ingredients needs to be present:
- Parties to a marriage must be a man and a woman, same sex marriage is prohibited in the state
- Parties must be capable of giving consent is essential.
- The consent of the parties needs to be obtained freely.
- They must have obtained a license as required by the Public Acts of 1887,
solemnization marriage must be made by the person authorized by law of the State.
PERSONS AUTHORIZED TO SOLEMNIZE THE MARRIAGE
The law of this State authorizes the following person for the purpose of solemnization of Marriages:
- A Judge of the District Court, in the district in which the judge is serving.
- A District Court Magistrate, in the district in which the magistrate serves.
- A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction.
- A Judge of Probate, in the county or probate court district in which the judge is serving.
- A judge of a federal court.
- A Mayor of a city, in the city in which the mayor serves.
- The County Clerk of a county having more than 2,000,000 inhabitants or an employee of the clerk's office designated by the county clerk, in the county in which the clerk serves.
- A minister of the gospel, anywhere in the state, if the minister is ordained or authorized to solemnize marriages according to the usages of the denomination, and is a pastor of a church in this state, or continues to preach the gospel in this state.
Non-resident ministers of the gospel, anywhere in the state, if the minister is authorized to solemnize marriages by his or her state's laws.
- Identification (age 18 and older) (driver's license or birth certificate or passport) providing:
- Full Names
- Physical, Permanent Address
- Other information that may be required to be furnished are
- whether the parties are related by blood or marriage and, if so, in which degree of the relationship.
- the date and place of EACH death or judicial determination that ended any former marriage.
- State of Birth.
- Social Security Number (mandatory).
- the marital status of each party Single (never married), Divorced or Widowed.
If the person has ever been married before he has to submit information regarding the County, State, Month, and Year for the last divorce or death of spouse with appropriate supporting documents.
A person applying for the marriage license need not have to be a resident of Michigan.
The waiting period to obtain a marriage license is 3 days including the date of application. The county clerk can waive the 3 days waiting period for "good and sufficient cause shown."
A fee of $20 is to be paid by the residents, and $30 for non-residents for obtaining the marriage license.
PERSON BELOW THE AGE OF 18 YEARS APPLYING FOR MARRIAGE LICENSE
- The person below 18 years of age may also marry but the age should not be less than 15 years.
- The law of the state provides that the following person below the age of 18 years may marry.
- Applicants 16 years of age may marry with parental or legal guardian written consent.
Applicants under the age of 15 with parental consent and probate court permission.
COMMON LAW MARRIAGE
The State does recognize common law marriages that are valid in other states.
- The parties merely solemnly declare that they take each other as husband and wife before at least two witnesses and the person officiating.
A special law allows "the people called Friends or Quakers" and "people of any other particular denomination, having, as such, any peculiar mode of solemnizing marriages" to solemnize their marriages in their own manner.
- After the wedding ceremony the person who solemnizes the marriage fills in the certificate form with
- the time and place of the marriage and
the names and residences of the two witnesses,
and puts his signature to it.
The part marked as "duplicate" is handed over to the newly married couple.
- The person who solemnized the marriage must submit the original to the county clerk who issued the marriage license within 10 days of marriage.
- The clerk records the information in a registration book, and mails it on to the state registrar.
- The person who performs the marriage must also keep a record ''in a book used expressly for that purpose.
The license, when fully filled out, thus serves a "double purpose" and becomes the certificate.
A marriage license is valid for 33 days after the application. The license can only be used within the State of Michigan.
If solemnized within this state, a marriage that is prohibited by law because of consanguinity or affinity between the parties, because either party had a wife or husband living at the time of solemnization, or because either party was not capable in law of contracting at the time of solemnization is absolutely void. The issue of such a marriage are legitimate.
- As per the marriage law of the state of Michigan a man is prohibited from marrying a woman if she is his:
- grandfather's wife,
- son's wife,
- grandson's wife,
- wife's mother,
- wife's grandmother,
- wife's daughter,
- wife's granddaughter,
- brother's daughter,
- sister's daughter,
- father's sister,
- mother's sister, or
- cousin of the first degree
- A man is also prohibited from marrying another man.
- As per the marriage law of the state of Michigan a woman is prohibited from marrying a man if he is her:
- daughter's husband,
- granddaughter's husband,
- husband's father,
- husband's grandfather,
- husband's son,
- husband's grandson,
- brother's son,
- sister's son,
- father's brother,
- mother's brother, or
- cousin of the first degree, or another woman.
- A woman is also prohibited from marrying another woman.