Full question:
My girlfriend and I are 17 years old living in Indiana. We want to get married. Is it important for us to obtain consent for marriage?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: Indiana
Answer:
Yes, in Indiana, each individual who is less than eighteen years of age must obtain consent before they solemnize their marriage. This is provided in Ind. Code Ann. 31-11-2-1. It reads:“Except as provided in section 3 [IC 31-11-2-3] of this chapter, each individual who is less than eighteen (18) years of age must obtain consent under this chapter before the individual may marry.”
“(a) An individual who is less than eighteen (18) years of age may marry if:
(1) the individual petitions the judge of the circuit or superior court of a county that is
(A) the county of residence of the individual or the county of residence of the individual that the individual intends to marry; or
(B) a county that adjoins a county described in clause (A);
(2) the judge of the circuit or superior court directs the clerk of the circuit court to issue the individuals who intend to marry each other a license to marry without obtaining the consent required by section 1 [IC 31-11-2-1] of this chapter; and
(3) the individual is not prohibited from marrying for a reason set forth in IC 31-11-1.
(b) The petition made under subsection (a)(1) may be made in writing or orally. The judge of the court may conduct investigations and hold hearings on the petition. The judge may, by written order, direct the clerk of the circuit court to issue a marriage license under subsection (a)(2) if the judge:
(1) Considers the facts relevant to the issue presented by the petition
(2) Finds that good and sufficient reason for the order has been shown; and
(3) Finds that the order is in the best interest of all persons concerned with the issues raised in the petition.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.