Full question:
My boyfriend and I are residents of Indiana and are planning to get married in a week’s time. Just to be clear on things, we wanna know if there are any chances of us not getting a marriage license?
- Category: Marriage
- Subcategory: License
- Date:
- State: Indiana
Answer:
If it appears to the clerk of the circuit court that the two individuals do not have the right to obtain the marriage license, the clerk shall refuse to issue the license. After refusal, if the individuals request for the marriage license, the clerk shall certify the refusal to the circuit court and notify the individuals of the clerk’s actions.The court may also hold a hearing, notifying the parties of the time and place on whether the marriage license should be issued to the individuals at the earliest. The hearing shall be thus held without jury and may be held in the court of in chambers. The court’s finding on issuance of license shall be final.
The relevant statue is mentioned below. Burns Ind. Code Ann. § 31-11-4-12 reads:
“(a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall:
(1) certify the refusal to the circuit court; and (2) Notify the individuals of the clerk's actions.
(b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final.
(c) The clerk of the circuit court shall:
(1) Issue; or
(2) refuse to issue;
a marriage license in conformance with the court's order.
(d) The individuals who intend to marry are not liable for costs for any actions taken under this section.”
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.
