Indiana Marriage Laws
Written and edited for accuracy by the Indiana marriage law researchers at the Universal Life Church on
Indiana might still be dragging around a century-old nickname as Naptown, and yet there’s plenty in its unique marriage laws to leave prospective newlyweds tossing and turning at night. After carefully examining the state’s legal code and accounting for all stipulations and county exceptions, we at the Universal Life Church have prepared the definitive step-by-step guide for couples and ministers looking to secure a marriage license and plan a wedding that will be both legally binding and unforgettable.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Indiana demands no specific format for a wedding ceremony, leaving it to couples to incorporate their beliefs and traditions in a manner befitting their religious domination. That being said, the state will require that both the couple and officiant be physically present at the ceremony, and that each of the two persons looking to marry formally and solemnly consent to taking the other as their spouse. No witnesses are required.
IC 31-11-4-16 Completion, disposition, filing, and recording of marriage certificates and marriage licenses
Sec. 16. (a) The individual who solemnizes a marriage shall do the following:
(1) Complete the original and duplicate certificates described in section 15 of this chapter.
(2) Give the original certificate to the individuals who married each other.
(3) 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.
(b) The clerk of the circuit court shall record the duplicate certificate and license to marry as prescribed by the state department of health under section 15 of this chapter.
(c) If a duplicate certificate and marriage license are filed with a clerk of the circuit court who did not issue the marriage license, the clerk shall return the certificate and license to the clerk of the circuit court who issued the license.
Requirements for the Couple
- Min. Age of Couple:
- Age 18 or Age 17 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
Couples must be at least 18 years old to legally marry in the state of Indiana. Parental or guardian consent to wed will be required for any person aged 17, while minors as young as 15 can petition the courts for a marriage license in those specific cases where they are expecting a child and want to be married in order to raise said child.
Indiana prohibits marriages between any two relatives closer in blood than second cousins, with the exception of first cousins if both are older than 65, as well as any union between any two persons who also have living spouses.
Although state law forbids same sex marriages, recent changes to federal marriage equality laws means same sex couples, whether Indiana residents or not, are legally allowed to tie the knot on its soil without issue.
IC 31-11-1-1 Same sex marriages prohibited
Sec. 1. (a) Only a female may marry a male. Only a male may marry a female.
(b) 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.
IC 31-11-1-2 Marriage to close relative prohibited; marriages between cousins; exceptions
Sec. 2. Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.
IC 31-11-1-3 Bigamous marriages prohibited
Sec. 3. Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.
IC 31-11-1-4 Minimum age for marriage
Sec. 4. Except as provided in section 5 or 6 of this chapter, two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age.
Requirements for the Minister
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
Indiana is both precise and deliberate in listing exactly who is legally authorized to solemnize a wedding on its soil. That list includes all judges, mayors, clerks, governors, lieutenant governors and members of the general assembly; any leader or clergy of a religious organization, be it ministers, priests, bishops, archbishops, rabbis and imams; and all adherents of the Friends Church, German Baptists, Bahai faith or the Church of Jesus Christ of Latter Day Saints.
Although not named specifically, all ministers ordained online by the Universal Life Church will be considered legal religious actors, regardless of their state or country of residence, gender or personal beliefs. Many ministers in Indiana choose to order the Classic Wedding Package to ensure they have all required documentation on hand.
IC 31-11-6-1 Persons authorized to solemnize marriages
Sec. 1. (a) 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 governor.
(7) The lieutenant governor.
(8) A member of the general assembly.
(9) The Friends Church, in accordance with the rules of the Friends Church.
(10) The German Baptists, in accordance with the rules of their society.
(11) The Bahai faith, in accordance with the rules of the Bahai faith.
(12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.
(13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.
(b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 60 Days
- License Must Be Submitted:
- By Expiration
All marriage licenses issued in the state of Indiana are valid upon issuance, and for a period of 60 days from that moment. Attached to that license will be two marriage certificates. The officiant tasked with performing the wedding must fill out both, leave the original with the married couple following the ceremony, and return the duplicate to the same county clerk that issued it before its 60-day expiry date, and no later than 30 days after the ceremony.
IC 31-11-4-10 Expiration of license
Sec. 10. A marriage license expires sixty (60) days after the license is issued unless a marriage is solemnized under the license within that time.
IC 31-11-4-15 Marriage certificates
Sec. 15. 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:
MARRIAGE CERTIFICATE
I ________ (name) certify that on ______ (date) at ______ in _______ County, Indiana, _______ of ______ County, ______ (state) and _______ of ______ County, _____ (state) were married by me as authorized under a marriage license that was issued by the Clerk of the Circuit Court of _______ County, Indiana, dated _______.
Signed
(OFFICIAL DESIGNATION)
[Pre-1997 Recodification Citation: 31-7-3-14.]
As added by P.L.1-1997, SEC.3.
Marriage License Requirements
- Who Picks Up License:
- The Couple
- Where License is Valid:
- County of Issuance
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued ID and Proof of Residence
- Proof of Divorce Required (If Applicable):
- Varies by County
- Blood Test Required:
- No
All couples looking to get married in the state of Indiana must present themselves before a clerk in the county where at least one resides and fill out a written application for a marriage license. If neither is a resident of the state, the license must be sought in the county where the wedding ceremony will take place.
The documents required to verify all information provided on that application will vary from county to county. Both persons should be prepared to prove their ages and addresses with standard government issued ID. While all counties will demand social security numbers, some may require a social security card. While some will ask only for the dates of any prior divorces, others may request actual documentation.
And when it comes to the marriage license fees, it definitely pays to be a local. Indiana will charge $18 if at least one member of the couple is a resident, and $60 if neither is. Certain counties may also charge an extra $2 filing fee.
IC 31-11-4-7 Birth date information required for issuance of marriage license
Sec. 7. A clerk of a circuit court or a deputy of the clerk may not issue a marriage license unless the application for the license is accompanied by the information required to be submitted by section 6 of this chapter.
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Once the couple has been pronounced married and the ceremony is complete, the minister or magistrate must take special care to fill out both copies of the marriage certificate to include their name, the time and place of the ceremony, the names and addresses of the couple, and the date and county in which the license was issued.
Once completed, the original marriage certificate must be given to the couple, and the duplicate returned with the license to the same circuit court clerk who issued it within the 60-day expiry, no later than 30 days after the ceremony.
IC 31-11-4-16 Completion, disposition, filing, and recording of marriage certificates and marriage licenses
Sec. 16. (a) The individual who solemnizes a marriage shall do the following:
(1) Complete the original and duplicate certificates described in section 15 of this chapter.
(2) Give the original certificate to the individuals who married each other.
(3) 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.
(b) The clerk of the circuit court shall record the duplicate certificate and license to marry as prescribed by the state department of health under section 15 of this chapter.
(c) If a duplicate certificate and marriage license are filed with a clerk of the circuit court who did not issue the marriage license, the clerk shall return the certificate and license to the clerk of the circuit court who issued the license.
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