Indiana Wedding Laws
One of the things Indiana is most famous for is the Indianapolis 500, one of the most famous auto races in the world. You may want to speed to the altar like one of those racecars to marry your significant other. However, if you are not careful, you may forget a crucial step along the way. This probably won't cause your marriage hopes to crash, but they may have to take a detour. The following guide can help you to slow down sufficiently to be sure you have met all the requirements in Indiana's marriage laws.
How to Become a Wedding Officiant in Indiana
- 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
There is an exhaustive list of people that the state of Indiana authorizes to perform wedding ceremonies. This includes elected officials at the state and local level, as well as judges and clerks. It also includes a wide range of clergy and religious leaders, including priests, ministers, bishops and archbishops, imams, and rabbis. Other religious actors specifically mentioned in the state code include duly authorized members of the Church of Jesus Christ of Latter-Day Saints, German Baptists, and adherents of the Friends Church or Baha'i faith.
If a minister has gone through Universal Life Church's online ordination, Indiana recognizes that person as a religious actor for legal purposes regardless of personal beliefs, gender, or state or country of residence. A minister can ensure that he or she has all the required documentation by ordering the Classic Wedding Package from ULC.
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.
Getting Married in Indiana
- 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
No witnesses are required for a wedding in Indiana, nor does state law require any specific format. However, it is required that you and your spouse-to-be give formal consent to marry one another in the physical presence of your officiant. Otherwise, you are free to plan a ceremony that reflects your traditions and beliefs.
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.
How to Get an Indiana Marriage License
- 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
While state law allows out-of-state couples to get married on Indiana soil, there is an extra expense involved. If neither you nor your spouse-to-be is a resident of Indiana, the state charges a $60 fee to obtain your marriage license. You may have to pay an additional $2 for filing in certain counties. Out-of-state couples must obtain their licenses from a clerk of the county where the wedding will be held. On the other hand, if either you or your spouse is an Indiana resident, the licensing fee drops to $18.
The documentation required for the marriage license application varies by county, so you should confirm what you need with the appropriate office before applying. At the very least, you both need government-issued identification to confirm your addresses and your ages. You may also require a Social Security card or documentation of a prior divorce. However, in some counties, you merely need to be able to provide the Social Security number or the date of divorce finalization.
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.
Applying For a Marriage License in Indiana
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 60 Days
- License Must Be Submitted:
- By Expiration
There will be two copies of a marriage certificate attached to your marriage license once it is issued. They will both go to the minister performing the ceremony to fill out. You will get the original following the ceremony, while the officiant must take the other copy of the certificate, with the license, to the county clerk who issued them. This must take place within 30 days of the ceremony. There is no waiting period for an Indiana marriage license, and it remains valid for 60 days after the issuance date.
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.
Indiana Marriage Requirements
- 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
Technically, Indiana still has a law on the books forbidding same-sex marriage. Fortunately, however, the 2015 Supreme Court decision affirming marriage equality overrules that law. This means that all couples can get married in Indiana, regardless of gender, sexual orientation, or whether they live there or not.
To marry legally in Indiana, you typically must be at least 18 years old. There are a couple of exceptions for minors under certain circumstances. A person 17 years of age can get married with the consent of a parent or guardian. A minor at least 15 years old who is also pregnant can petition the courts for a marriage license.
Indiana state law forbids bigamy, so if you have been married before and your spouse is still living, you must obtain a divorce before you can remarry. Relatives who are closer than second cousins typically cannot marry each other although there is an exception for first cousins who are over 65 years old.
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.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
After the ceremony, it is time for the officiant to fill out both copies of the marriage certificate with the date and county the marriage license was issued, the time and place of the ceremony, the names and addresses of you and your spouse, plus the name of the officiant. He or she then has 30 days following the ceremony to return it to the issuing clerk of the circuit court, but no later.
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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