Weddings In Indiana: What You Need To Know

are weddings allowed in Indiana

Indiana has a range of legal requirements for couples wishing to marry in the state. These include age, residency, and relationship restrictions, as well as specific rules for officiants and marriage licenses. Indiana also has unique requirements for LGBT+ couples. Couples must be aware of these laws and variances to ensure their wedding is legal and worry-free.

Characteristics Values
Marriage license fee for Indiana residents $25.00
Marriage license fee for out-of-state residents $65.00
Additional document fee $4.00
Certified Marriage License copy fee $4.00
Minimum age of couple Both applicants must be 18 years or older
Age limit for couples with a 4-year age gap One applicant must be at least 18 years old and the other must be at least 16 years old
Age limit for couples with a less than 4-year age gap Both applicants must be at least 18 years old
Minors aged 15 and 16 Can petition the court for permission to marry if there is a pregnancy and the marriage will allow them to raise the child together
Same-sex marriage Legal
Marriage between close relatives Illegal unless the individuals are first cousins and both at least 65 years old
Marriage with a living spouse Illegal
Witness requirement No witnesses are required
Officiants Religious organization clergy, leaders of any faith or affiliation, governors, lieutenant governors, clerks, judges, members of the general assembly, elected officials at the state and local levels

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Marriage license fees

To be married in the State of Indiana, a couple must have a marriage license. Both parties must appear in person at the Clerk's Office in an Indiana county where one of them resides. For out-of-state residents, a license must be obtained in the Indiana county where the marriage will take place. A marriage license is valid for 60 days from the date it is issued, and couples may marry as early as the same day. If a couple does not marry within the 60-day period, they must apply for a new license.

For out-of-state residents, the marriage license fee is $65, plus the same additional fees as Indiana residents. This totals $69 for out-of-state applicants.

It is important to note that the documentation required for the marriage license application may vary by county, so it is recommended to confirm the necessary documents with the appropriate office before applying.

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Who can officiate

In Indiana, there are no officiant registration requirements, and no state certification or licensing. However, to be able to legally perform a marriage, you must be an ordained minister or fit into categories listed in Indiana Code 31-11-6. Indiana Code Books can be found at most libraries.

To officiate a wedding in Indiana, you must be at least 18 years old. While residency is not required, you may need to provide specific documents depending on the county where you intend to officiate. It is recommended that you contact the county clerk's office for more information. Indiana recognizes online ordinations, such as those from The Provenance Center. These ordinations allow individuals to legally officiate weddings in the state, regardless of their religious affiliation or gender.

Indiana law allows couples to choose any style of ceremony, be it religious or non-religious. There are no requirements for witnesses or a specific format. However, the couple must give their formal consent to marry in the presence of their officiant.

The following individuals are authorized to perform wedding ceremonies in Indiana:

  • Members of the clergy of a religious organization, such as ministers, priests, bishops, or rabbis.
  • Mayors, within their respective counties.
  • Clerks or clerk-treasurers of cities or towns within their counties.
  • Clerks of the circuit court.
  • The Governor.
  • The Lieutenant Governor.
  • Members of the general assembly.
  • Elected officials at the state and local level.
  • Judges.
  • Specific religious organizations like the Friends Church, German Baptists, Bahai faith, Church of Jesus Christ of Latter-day Saints, and imams of mosques.

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Witness requirements

In the state of Indiana, no witnesses are required for a wedding to be legally binding. Couples are free to plan a ceremony that reflects their traditions and beliefs. However, it is required that both parties give their formal consent to marry one another in the physical presence of their officiant.

The officiant, or the individual who solemnizes the marriage, must complete the original and duplicate marriage certificates and provide the original certificate to the couple. Within 30 days of the ceremony, the officiant must file the duplicate certificate and the marriage license with the clerk of the circuit court who issued the marriage license.

Marriage licenses are valid for 60 days from the date they are issued, and couples may be married on the same day that the license is issued. If the couple does not marry within the 60-day validity period, they must apply for a new license. The marriage license fee is \$25 if one or both parties are Indiana residents and \$65 for out-of-state residents. Some counties may also charge an additional document fee of \$2 and \$4 for each copy of the Certified Marriage License.

To apply for a marriage license, both parties must appear in person at the Clerk's Office in an Indiana county where one of the parties resides. For out-of-state residents, the license must be obtained from the clerk of the county where the wedding will be held.

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Age requirements

In Indiana, both applicants must be 18 years of age or older to obtain a marriage license. However, there are some exceptions for minors. If both individuals are at least 16 years old, and one individual is not more than four years older than the other, they may be eligible to marry with additional requirements. These requirements include obtaining an order from a juvenile court under IC 31-11-7, granting approval to marry and complete emancipation for both individuals under 18.

For Indiana residents, the marriage license fee is $25, while out-of-state residents pay $65. Out-of-state couples must obtain their licenses from the clerk of the county where the wedding will be held. The license is valid for 60 days from the date of issuance, and couples may marry as early as the same day. If the couple does not marry within the 60-day period, they must apply for a new license.

In addition to age requirements, there are other criteria that applicants must meet. Both applicants must appear in person at the Clerk's Office in an Indiana county where one of them resides. If either applicant has been previously married, they must provide the date of divorce, and some counties may require a certified copy of the divorce decree. Applicants must also provide photo identification, a certified copy of their birth certificate, their parents' names, and their parents' birth counties.

It is important to note that Indiana's marriage laws do not require witnesses or a specific format for the wedding ceremony. However, the couple must give their formal consent to marry in the presence of their officiant, who can be a minister, elected official, judge, or other authorized individuals.

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Same-sex marriage

In 1986, Indiana restricted marriage to different-sex couples by statute. This was further enforced by a law enacted in 1997, which forbade the recognition of same-sex marriages established in other jurisdictions. Several lawsuits were filed in the early 2000s, including Morrison v. Sadler in 2002, which failed in the Marion County Superior Court in 2003. The judge ruled that restricting marriage to different-sex couples "promotes the state's interest in encouraging procreation to occur in a context where both biological parents are present to raise the child."

In 2012, Indiana Equality Action published a study detailing the rights and responsibilities of civil marriage in Indiana law. The study highlighted the denial of legal rights and public protection to same-sex couples as a result of marriage discrimination in the state.

In March 2014, five same-sex marriage lawsuits were filed in the US District Court for the Southern District of Indiana. One of these, Baskin v. Bogan, won a favourable ruling on 25 June 2014, and most Indiana counties began issuing marriage licenses to same-sex couples. The Seventh Circuit Court of Appeals affirmed the district court's ruling in Baskin on 4 September, and in Bowling v. Pence, the state was required to recognise same-sex marriages performed out-of-state.

Today, same-sex couples in Indiana have the same marriage rights as different-sex couples. The process of applying for a marriage license is similar for all couples, with requirements such as age, residency, and consent being consistent across the board. The state of Indiana authorises a wide range of individuals to perform wedding ceremonies, including elected officials, judges, clerks, and various religious leaders.

While marriage equality has been achieved in Indiana, the fight for full freedom and equal rights for LGBTQ+ Hoosiers continues, particularly regarding the rights of transgender individuals and their families.

Frequently asked questions

Yes, same-sex marriage is now legal in Indiana, as it is across the country.

Both applicants must be at least 18 years old. If one individual is 16 or 17 years old, the other individual must not be more than four years older. If both applicants are under 18, they must have permission from a juvenile court.

The marriage license fee is $25.00 if one or both parties are Indiana residents and $65.00 for out-of-state residents. Some counties also charge an additional document fee of $2-$4.

Indiana allows religious organization clergy, leaders of any faith or affiliation, governors, lieutenant governors, clerks, mayors, judges, and members of the general assembly to officiate weddings.

No witnesses are required for a wedding in Indiana, and state law does not mandate any specific format. However, the couple must give formal consent to marry in the presence of their officiant.

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