Ind. Code § 31-11-4-17
Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 17. (a) If the individual who solemnizes a marriage fails to:
Sec. 17. (a) If the individual who solemnizes a marriage fails to:
(1) appropriately complete the certificate of marriage; or
(1) appropriately complete the certificate of marriage; or
(2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court;
(2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court;
as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.
as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.
(b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that:
(b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that:
(1) the marriage of the individuals listed was solemnized before the date the original marriage license expired;
(1) the marriage of the individuals listed was solemnized before the date the original marriage license expired;
(2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and
(2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and
(3) the clerk of the circuit court shall: (A) accept the order for filing; and (B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief. (c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate. (d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the state department of health on at least a monthly basis.
(3) the clerk of the circuit court shall: (A) accept the order for filing; and (B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief. (c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate. (d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the Indiana department of health on at least a monthly basis.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.