Indiana Marriage Laws

Statutes

Indiana Code Title 31:

• Section 31-11-1-2
• Section 31-11-1-3
• Section 31-11-4-1
• Section 31-11-4-3
• Section 31-11-4-5
• Section 31-11-6-1

Requirements

Valid Marriage

For a valid marriage in Indiana:

• The couple must obtain a marriage license;
• The couple must participate in a marriage ceremony; and
• The ceremony must be performed by someone who is legally authorized to solemnize the marriage.

All states including Indiana have specific marriage license requirements.

Required Notice of Health Information

Although blood tests aren't required, the clerk of the circuit court must distribute information about sexually transmitted diseases to the parties when they apply for a marriage license. The clerk may provide the applicants with either written information or may show the applicants videotaped information.

Types of Marriages

Prohibited Marriages

These marriages are prohibited in Indiana:

• Marriage between individuals where one of them has a living spouse.
• Marriage between individuals that are more closely related than second cousins; there is an exception for couples when they are first cousins and both parties are at least 65 years of age.

Minor Marriages

If a party is at least 17, they may marry if they obtain parental consent.

Same-Sex Marriage

Although there are still laws on the books that symbolically prohibit it, same sex marriage is legal in all states, including Indiana.

Common Law Marriage

Indiana doesn't allow common law marriages, but it recognizes valid common law marriages from other states.

Solemnization

The following persons are authorized to conduct a valid marriage ceremony in Indiana:

• A member of the clergy of a religious organization, including a minister, a priest, a bishop, an archbishop, or a rabbi;
• A judge;
• A mayor, within the mayor's county
• A clerk or a clerk-treasurer of a city or town;
• A clerk of the circuit court;
• The governor;
• The lieutenant governor;
• A member of the general assembly;
• The Friends Church;
• The German Baptists;
• The Church of Jesus Christ of Latter Day Saints; or
• An imam of a masjid (mosque).