Indiana Wedding Laws
Drafted and last reviewed for accuracy by the Indiana marriage law team at the Universal Life Church Ministries on
If you wish to legally wed in the Hoosier state, otherwise known as Indiana, you will need know the following. It can be tough to figure out on your own, so we at the Universal Life Church have made it simple for you. Keep reading to learn about the laws and variances that might impact your wedding day so that when the time comes, you can marry without worry.
Indiana Marriage Requirements
Prior to the U.S. Supreme Court ruling, same-sex marriage in Indiana was illegal, but now legal as it is across the country. The state does, however, still have some limitations on who can marry within its borders.
It is illegal for a couple to marry in this state if they have a living spouse already. It is also not legal for a couple to marry if they are closer in relation than second cousins. There is an exception to this that allows first cousins to marry if they are both age 65 or older.
In all cases, the couple must both be at least 18 years old. If someone is 17 and wants to marry, he or she must have parental consent or consent from his or her legal guardian. For minors age 15 and 16, it is possible to petition the court for permission to marry, but the court will require that there is a pregnancy, and marriage will allow them to raise the child together.
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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.
How to Get an Indiana Marriage License
Anyone who wishes to marry in Indiana must have a marriage license. If one or both parties are residents of the state, the cost for the license is $18. However, if both parties are from out of state, the fee is $60. Some locations may charge a filing fee of $2 in addition to the base fee.
To secure a marriage license, the couple must provide documentation to verify the information the clerk will need. This can vary from location to location. However, most often, it includes address and age verification. A valid photo ID will usually be sufficient. Some clerks may require a Social Security card, and all clerks will require the couple to provide Social Security numbers. Some locations may require documentation showing the end of a previous marriage, such as a divorce decree or death certificate. A couple should check with the specific office prior to going there to secure a license to ensure that they have all the required documentation.
The couple must obtain the license in person at the county clerk's office in the location where at least one of the parties lives. If the couple is from out-of-state, they must get a license at the clerk's office in the county in which they will hold their marriage ceremony.
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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
The marriage license is valid for 60 days, and someone must submit it to the clerk before it expires. There is also a time limit of 30-days after the ceremony in which the license must return to the clerk's office.
A couple will receive two certificates. One is for them to keep after the wedding, and the other is for the clerk. The officiant must fill out both of them after the ceremony.
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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.
How to Become a Wedding Officiant in Indiana
Indiana allows religious organization clergy or leaders of any faith or affiliation, governors, lieutenant governors, clerks, mayors, judges and members of the general assembly to officiate wedding ceremonies. Ministers ordained by the Universal Life Church are religious actors and may legally proceed over marriage ceremonies in the state regardless of religion or gender.
Ministers should consider purchasing the Classic Wedding Package, which will provide all required documents to legally marry couples in Indiana.
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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
The format and contents of a wedding ceremony are up to the couple. The couple may choose any style of ceremony they wish from any religious or non-religious background.
Indiana does require that the couple and officiant are physically present at the ceremony because it does not recognize a marriage by proxy. The couple must also state that they consent to the marriage, which typically happens when exchanging "I do's." Indiana does not require witnesses to make a ceremony legal.
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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.
Finalizing the Union
After the wedding, the officiant must complete the marriage license, filling in information about him or herself, the couple and the ceremony. The date, time and county of the ceremony and addresses and names of the couple are all requirements. Ministers must remember to fill out both copies.
Upon completion of the license, someone must return it to the clerk's office that issued it. This must happen within 30 days of the ceremony and before the 60-day expiration date.
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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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