reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 1. Who May Marry › 31-11-1-2. Marriage to Close Relative Prohibited; Marriages Between Cousins; Exceptions

Sec. 2. Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.
[Pre-1997 Recodification Citation: 31-7-1-3.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 1. Who May Marry › 31-11-1-3. Bigamous Marriages Prohibited

Sec. 3. Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.
[Pre-1997 Recodification Citation: 31-7-1-4.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 1. Who May Marry › 31-11-1-4. Minimum Age for Marriage

Sec. 4. Except as provided in sections 5 and 7 of this chapter, two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age.
[Pre-1997 Recodification Citation: 31-7-1-5.]
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 1. Who May Marry › 31-11-1-5. Marriage of Individual 16 or 17 Years of Age

Sec. 5. Two (2) individuals may marry each other if:
(1) both individuals are at least sixteen (16) years of age;
(2) one (1) of the individuals is not more than four (4) years older than the other individual if the other individual is sixteen (16) or seventeen (17) years of age;
(3) each individual who is less than eighteen (18) years of age:
(A) has been granted an order by a juvenile court under section 7 of this chapter granting the individual approval to marry and completely emancipating the individual; and
(B) not earlier than fifteen (15) days after the issuance of the order described in clause (A), presents to the clerk of the circuit court an application for a marriage license accompanied by:
(i) a certified copy of the order; and
(ii) a certificate of completion of any premarital counseling required under the order; and
(4) the individuals are not prohibited from marrying each other for a reason set forth in this article.
[Pre-1997 Recodification Citation: 31-7-1-6.]
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 1. Who May Marry › 31-11-1-6. Repealed

[Pre-1997 Recodification Citation: 31-7-1-7.]
As added by P.L.1-1997, SEC.3. Repealed by P.L.94-2020, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 2. Repealed

[Pre-1997 Recodification Citations:
31-11-2-1formerly 31-7-2-131-11-2-2formerly 31-7-2-231-11-2-3formerly 31-7-2-3.]
Repealed by P.L.94-2020, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-1. Applicability of Chapter

Sec. 1. This chapter applies to a premarital agreement executed on or after July 1, 1995.
[Pre-1997 Recodification Citation: 31-7-2.5-1.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-2. "Premarital Agreement" Defined

Sec. 2. As used in this chapter, "premarital agreement" means an agreement between prospective spouses that:
(1) is executed in contemplation of marriage; and
(2) becomes effective upon marriage.
[Pre-1997 Recodification Citation: 31-7-2.5-2 part.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-3. "Property" Defined

Sec. 3. As used in this chapter, "property" means an interest, present or future, legal or equitable, vested or contingent, in real and personal property, including income and earnings.
[Pre-1997 Recodification Citation: 31-7-2.5-3 part.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-4. Agreement Must Be in Writing; Consideration Not Required

Sec. 4. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
[Pre-1997 Recodification Citation: 31-7-2.5-4.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-5. Content; Child Support Unaffected

Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters:
(1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located.
(2) The right to:
(A) buy;
(B) sell;
(C) use;
(D) exchange;
(E) abandon;
(F) lease;
(G) consume;
(H) expend;
(I) assign;
(J) create a security interest in;
(K) mortgage;
(L) encumber;
(M) dispose of; or
(N) otherwise manage and control;
property.
(3) The disposition of property upon:
(A) legal separation;
(B) dissolution of marriage;
(C) death; or
(D) the occurrence or nonoccurrence of any other event.
(4) The modification or elimination of spousal maintenance.
(5) The making of:
(A) a will;
(B) a trust; or
(C) other arrangement;
to carry out the provisions of the agreement.
(6) The ownership rights in and disposition of a death benefit from a life insurance policy.
(7) The choice of law governing the construction of the agreement.
(8) Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties.
(b) A premarital agreement may not adversely affect the right of a child to support.
[Pre-1997 Recodification Citation: 31-7-2.5-5.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-5.5. Portability Agreement

Sec. 5.5. A portability agreement (as defined by IC 31-11-7-5(a)(4)) contained within a premarital agreement is governed by IC 31-11-7-5.
As added by P.L.38-2023, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-6. Effective Date

Sec. 6. A premarital agreement becomes effective upon marriage.
[Pre-1997 Recodification Citation: 31-7-2.5-6.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-7. Amendment or Revocation Must Be in Writing; Consideration Not Required

Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
[Pre-1997 Recodification Citation: 31-7-2.5-7.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-8. Enforceability of Agreement

Sec. 8. (a) A premarital agreement is not enforceable if a party against whom enforcement is sought proves that:
(1) the party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when the agreement was executed.
(b) If:
(1) a provision of a premarital agreement modifies or eliminates spousal maintenance; and
(2) the modification or elimination causes one (1) party to the agreement extreme hardship under circumstances not reasonably foreseeable at the time of the execution of the agreement;
a court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship.
(c) A court shall decide an issue of unconscionability of a premarital agreement as a matter of law.
[Pre-1997 Recodification Citation: 31-7-2.5-8.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-9. Effect of Void Marriage

Sec. 9. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
[Pre-1997 Recodification Citation: 31-7-2.5-9.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 3. Uniform Premarital Agreement Act › 31-11-3-10. Tolling of Statute of Limitations During Marriage; Equitable Defenses

Sec. 10. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
[Pre-1997 Recodification Citation: 31-7-2.5-10.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-0.2. Effect of Enactment of Prior Law

Sec. 0.2. The addition of IC 31-7-3-15.5 (before its repeal, now codified at section 17 of this chapter) by P.L.143-1994 applies to marriages performed before, on, and after March 8, 1994.
As added by P.L.220-2011, SEC.489.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-0.3. Legalization of Court Orders Relating to Certain Marriages; Issuance of Duplicate License; Indiana Department of Health Shall Accept Order

Sec. 0.3. (a) If before March 8, 1994:
(1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15 (before its repeal, now codified at section 16 of this chapter);
(2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and
(3) the court issued an order affirming the marriage as of the date the marriage occurred;
the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate.
(b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief.
(c) The Indiana department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.
As added by P.L.220-2011, SEC.490. Amended by P.L.56-2023, SEC.251.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-0.4. Legalization of Certain Marriage Licenses Issued After August 31, 1984, and Before April 16, 1985

Sec. 0.4. A marriage solemnized under the legal authority of a license that:
(1) was issued under the authority of a circuit, superior, or juvenile court after August 31, 1984, and before April 16, 1985; and
(2) would have been validly issued under IC 31-1-1-1 if that statute had been in effect;
is legalized if performed in conformity with all other statutes in effect at the time of the marriage.
As added by P.L.220-2011, SEC.491.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-1. Marriage License Required to Marry

Sec. 1. Before two (2) individuals may marry each other, the individuals must obtain a marriage license under this chapter.
[Pre-1997 Recodification Citation: 31-7-1-1.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-2. Prerequisites for Issuance of Marriage License

Sec. 2. A clerk of a circuit court may not issue a marriage license unless the individuals who apply for the license have the authority to marry each other under IC 31-11-1.
[Pre-1997 Recodification Citation: 31-7-3-1.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-3. County of Residence or Solemnization; Place to Obtain License

Sec. 3. Individuals who intend to marry must obtain a marriage license from the clerk of the circuit court of the county of residence of either of the individuals. If neither of the individuals who intends to marry is a resident of Indiana, the individuals must obtain the marriage license from the clerk of the circuit court of the county in which the marriage is to be solemnized.
[Pre-1997 Recodification Citation: 31-7-3-2.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-5. Distribution of Information Concerning Serious Communicable Diseases That Are Sexually Transmitted

Sec. 5. (a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the HIV advisory council of the Indiana department of health concerning serious communicable diseases that are sexually transmitted.
(b) Written information and videotaped information distributed by each clerk of the circuit court under subsection (a) must provide current information on human immunodeficiency virus (HIV) infection and other serious communicable diseases that are sexually transmitted. The information must include an explanation of the following:
(1) The etiology of serious communicable diseases that are sexually transmitted.
(2) The behaviors that create a high risk of transmission of such diseases.
(3) Precautionary measures that reduce the risk of contracting such diseases.
(4) The necessity for consulting medical specialists if infection is suspected.
(c) At the time of application for a marriage license, each clerk of the circuit court shall:
(1) provide the marriage license applicants with written information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted; or
(2) show the marriage license applicants videotaped information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted.
(d) In addition to the information provided to marriage license applicants under subsection (c), each clerk of the circuit court shall inform each marriage license applicant that the applicant may be tested on a voluntary basis for human immunodeficiency virus (HIV) infection by the applicant's private physician or at another testing site. The clerk shall provide the marriage applicants with a list of testing sites in the community.
(e) An applicant who objects to the written information or videotaped information on religious grounds is not required to receive the information.
(f) If materials required by this section are not prepared by other sources, the Indiana department of health shall prepare the materials.
(g) The provider of the materials is responsible for all costs involved in the development, preparation, and distribution of the information required by this section. Except for the materials developed by the state, the state and county are not liable for the costs of materials used to implement this section and section 4 of this chapter.
[Pre-1997 Recodification Citation: 31-7-3-3.5.]
As added by P.L.1-1997, SEC.3. Amended by P.L.112-2020, SEC.58; P.L.56-2023, SEC.253.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-6. Proof of Birth Date

Sec. 6. Each individual who applies for a marriage license must submit to the clerk of the circuit court documentary proof of the individual's age, in the form of:
(1) a:
(A) certified copy of the individual's birth certificate;
(B) copy of a birth record; or
(C) certification of birth issued by the Indiana department of health, a local registrar of vital statistics, or another public office charged with similar duties under the law of another state, territory, or country;
(2) a certified copy of a judicial decree issued under IC 34-28-1 (or IC 34-4-3 before its repeal) that establishes the date of the individual's birth;
(3) a passport;
(4) a valid driver's license or other identification that is issued by a state or another governmental entity and that contains the individual's date of birth and current address;
(5) an immigration or naturalization record showing the individual's date of birth;
(6) a United States selective service card or armed forces record showing the individual's date of birth; or
(7) a:
(A) court record; or
(B) document or record issued by a governmental entity;
showing the individual's date of birth.
[Pre-1997 Recodification Citation: 31-7-3-4.]
As added by P.L.1-1997, SEC.3. Amended by P.L.1-1998, SEC.158; P.L.94-2020, SEC.8; P.L.111-2021, SEC.97; P.L.56-2023, SEC.254.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-7. Birth Date Information Required for Issuance of Marriage License

Sec. 7. A clerk of a circuit court or a deputy of the clerk may not issue a marriage license unless the application for the license is accompanied by the information required to be submitted by section 6 of this chapter.
[Pre-1997 Recodification Citation: 31-7-3-5.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-8. Repealed

[Pre-1997 Recodification Citation: 31-7-3-6.]
As added by P.L.1-1997, SEC.3. Repealed by P.L.94-2020, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-9. Expiration of Application

Sec. 9. An application for a marriage license expires sixty (60) days after the application is filed with the clerk of the circuit court unless a license to marry is issued under the application within that time.
[Pre-1997 Recodification Citation: 31-7-3-7.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-10. Expiration of License

Sec. 10. A marriage license expires sixty (60) days after the license is issued unless a marriage is solemnized under the license within that time.
[Pre-1997 Recodification Citation: 31-7-3-8.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-11. Conditions Precluding Issuance of Marriage License

Sec. 11. A clerk of a circuit court may not issue a marriage license if either of the individuals who applies for the license:
(1) has been adjudged to be mentally incompetent unless the clerk finds that the adjudication is no longer in effect;
(2) is under the influence of an alcoholic beverage or a narcotic drug; or
(3) is a lifetime sex or violent offender, unless the individual submits an affidavit stating under the penalties of perjury that the individual has provided written notice of the person's:
(A) intent to marry; and
(B) intended married name;
to the local law enforcement authority in the county of conviction and in the person's county of residence.
[Pre-1997 Recodification Citation: 31-7-3-10.]
As added by P.L.1-1997, SEC.3. Amended by P.L.244-2019, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-12. Refusal to Issue Marriage License; Notice; Hearing; Finding; Costs

Sec. 12. (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.
[Pre-1997 Recodification Citation: 31-7-3-11.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-13. Duty to Present Marriage License to Individual Authorized to Solemnize Marriages

Sec. 13. Individuals who intend to marry each other must present a marriage license that is issued under this chapter to an individual who is authorized by IC 31-11-6 to solemnize marriages.
[Pre-1997 Recodification Citation: 31-7-3-12.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-14. Marriage License as Authorization of Solemnization of Marriage

Sec. 14. A marriage license that is issued under this chapter is the legal authority for an individual who is authorized to solemnize marriages to marry two (2) individuals.
[Pre-1997 Recodification Citation: 31-7-3-13.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-15. Marriage Certificates

Sec. 15. Each marriage license must have two (2) certificates attached to the license. The Indiana department of health shall prescribe a uniform form for these certificates. One (1) certificate must be marked "Original" and one (1) certificate must be marked "Duplicate". Each certificate must contain the following:
MARRIAGE CERTIFICATE
I ________ (name) certify that on ______ (date) at ______ in _______ County, Indiana, _______ of ______ County, ______ (state) and _______ of ______ County, _____ (state) were married by me as authorized under a marriage license that was issued by the Clerk of the Circuit Court of _______ County, Indiana, dated _______.
Signed
(OFFICIAL DESIGNATION)
[Pre-1997 Recodification Citation: 31-7-3-14.]
As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.255.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-16. Completion, Disposition, Filing, and Recording of Marriage Certificates and Marriage Licenses

Sec. 16. (a) The individual who solemnizes a marriage shall do the following:
(1) Complete the original and duplicate certificates described in section 15 of this chapter.
(2) Give the original certificate to the individuals who married each other.
(3) Not later than thirty (30) days after the date of the marriage, file the duplicate certificate and the license to marry with the clerk of the circuit court who issued the marriage license.
(b) The clerk of the circuit court shall record the duplicate certificate and license to marry as prescribed by the Indiana department of health under section 15 of this chapter.
(c) If a duplicate certificate and marriage license are filed with a clerk of the circuit court who did not issue the marriage license, the clerk shall return the certificate and license to the clerk of the circuit court who issued the license.
[Pre-1997 Recodification Citation: 31-7-3-15.]
As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.256.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-17. Failure to File Marriage Certificates and Marriage Licenses; Declaratory Order Upon Proof of Marriage; Legal Effect; Recording Requirements

Sec. 17. (a) If the individual who solemnizes a marriage fails to:
(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;
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:
(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
(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.
[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.]
As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.257.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-18. Records of Marriage; Paper or Electronic Forms; Index

Sec. 18. (a) The clerk of the circuit court shall forward records of marriage to the Indiana department of health on at least a monthly basis. A clerk:
(1) may forward a record of marriage to the Indiana department of health in:
(A) a paper form; or
(B) an electronic form by using:
(i) an automated system developed by the office of judicial administration; or
(ii) another automated system approved by the Indiana department of health; and
(2) who forwards a record of marriage to the Indiana department of health in an electronic form is not required to forward the record of marriage to the Indiana department of health in a paper form.
(b) The Indiana department of health shall:
(1) prescribe a form for recording marriages;
(2) accept a court order under section 17 of this chapter (or IC 31-7-3-15.5 before its repeal) in place of a marriage certificate;
(3) prepare an annual index of all marriages solemnized in Indiana and furnish at least one (1) index to the Indiana state library; and
(4) furnish reports on records of marriage published by the Indiana department of health to the Indiana state library.
[Pre-1997 Recodification Citation: 31-7-3-16 part.]
As added by P.L.1-1997, SEC.3. Amended by P.L.22-2012, SEC.1; P.L.161-2018, SEC.37; P.L.56-2023, SEC.258.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 4. Marriage Licenses and Certificates › 31-11-4-19. Public Inspection of Statistical Data From Marriage Records

Sec. 19. Statistical data derived from records of marriages are open to public inspection.
[Pre-1997 Recodification Citation: 31-7-3-16 part.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 5. Repealed

[Pre-1997 Recodification Citations:
31-11-5-1formerly 31-7-4-231-11-5-2formerly 31-7-4-331-11-5-3formerly 31-7-4-431-11-5-4formerly 31-7-4-531-11-5-5formerly 31-7-4-731-11-5-6formerly 31-7-4-8.]
Repealed by P.L.41-2005, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 6. Authority to Solemnize Marriages › 31-11-6-1. Persons Authorized to Solemnize Marriages

Sec. 1. (a) Marriages may be solemnized by any of the following:
(1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi.
(2) A judge.
(3) A mayor, within the mayor's county.
(4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.
(5) A clerk of the circuit court.
(6) The governor.
(7) The lieutenant governor.
(8) A member of the general assembly.
(9) The Friends Church, in accordance with the rules of the Friends Church.
(10) The German Baptists, in accordance with the rules of their society.
(11) The Bahai faith, in accordance with the rules of the Bahai faith.
(12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.
(13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.
(b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.
[Pre-1997 Recodification Citation: 31-7-5-1.]
As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1; P.L.93-2017, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 7. Rights and Liabilities Incident to Marriage › 31-11-7-1. Abolition of Legal Disabilities of Married Women to Make Contracts

Sec. 1. All legal disabilities of a married woman to make contracts are abolished.
[Pre-1997 Recodification Citation: 31-7-10-1.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 7. Rights and Liabilities Incident to Marriage › 31-11-7-2. Married Women's Property Rights

Sec. 2. A married woman has the same rights concerning real and personal property that an unmarried woman has.
[Pre-1997 Recodification Citation: 31-7-10-2.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 7. Rights and Liabilities Incident to Marriage › 31-11-7-3. Tort Liability of Married Women

Sec. 3. A married woman is liable for torts committed by the woman.
[Pre-1997 Recodification Citation: 31-7-10-3.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 7. Rights and Liabilities Incident to Marriage › 31-11-7-4. Husband's Immunity for Wife's Contracts or Torts

Sec. 4. A husband is not liable for the contracts or torts of his wife.
[Pre-1997 Recodification Citation: 31-7-10-4.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-0.3. Legalization of Certain Marriages Between First Cousins

Sec. 0.3. Marriages between first cousins that were solemnized before April 9, 1907, are legalized.
As added by P.L.220-2011, SEC.492.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-1. Marriages Void Without Legal Proceedings

Sec. 1. A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings.
[Pre-1997 Recodification Citation: 31-7-6-1.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-2. Prior Existing Marriage

Sec. 2. A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized.
[Pre-1997 Recodification Citation: 31-7-6-2.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-3. Marriage to Close Relative; Marriages Between Cousins; Exceptions

Sec. 3. A marriage is void if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if:
(1) the marriage was solemnized after September 1, 1977;
(2) the parties to the marriage are first cousins; and
(3) both of the parties were at least sixty-five (65) years of age when the marriage was solemnized.
[Pre-1997 Recodification Citation: 31-7-6-3.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-4. Mentally Incompetent Persons

Sec. 4. A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized.
[Pre-1997 Recodification Citation: 31-7-6-4.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-5. Common Law Marriages Entered Into After January 1, 1958

Sec. 5. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.
[Pre-1997 Recodification Citation: 31-7-6-5.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 8. Void Marriages › 31-11-8-6. Foreign Marriage Solemnized Between Indiana Residents to Evade Indiana Law

Sec. 6. A marriage is void if the parties to the marriage:
(1) are residents of Indiana;
(2) had their marriage solemnized in another state with the intent to:
(A) evade IC 31-11-1-4, IC 31-11-4-4, or IC 31-11-4-11 (or IC 31-7-3-3 or IC 31-7-3-10 before their repeal); and
(B) subsequently return to Indiana and reside in Indiana; and
(3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized.
[Pre-1997 Recodification Citation: 31-7-6-6.]
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 9. Voidable Marriages › 31-11-9-1. Actions to Annul Voidable Marriages

Sec. 1. Actions to annul voidable marriages under this chapter are governed by IC 31-11-10.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 9. Voidable Marriages › 31-11-9-2. Incapacity to Marry Because of Age or Mental Incompetence

Sec. 2. A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.
[Pre-1997 Recodification Citation: 31-7-7-1 part.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 9. Voidable Marriages › 31-11-9-3. Fraud

Sec. 3. A marriage is voidable if the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
[Pre-1997 Recodification Citation: 31-7-7-2(a) part.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 10. Actions to Annul Voidable Marriages › 31-11-10-0.3. Legalization of Certain Judgments for Annulment of Marriage

Sec. 0.3. A judgment for annulment of marriage that was:
(1) entered before February 27, 1937;
(2) granted because of fraud on the part of a party to the marriage; and
(3) granted in a case in which the defendant received service by publication;
is legalized.
As added by P.L.220-2011, SEC.493.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 10. Actions to Annul Voidable Marriages › 31-11-10-1. Action by Party Incapable of Contracting Marriage; Petition Filed by Guardian

Sec. 1. (a) This section applies to a marriage that is voidable under IC 31-11-9-2 on the ground that a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.
(b) The incapable party described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.
(c) If a guardian of an incapacitated person is filing a petition for annulment of a marriage on behalf of the incapacitated person, the petition for annulment must set forth the name and address of the guardian.
(d) If a guardian of an incapacitated person files a petition for annulment of a marriage on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for annulment of marriage described in IC 29-3-9-12.2.
[Pre-1997 Recodification Citation: 31-7-7-1 part.]
As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 10. Actions to Annul Voidable Marriages › 31-11-10-2. Action by Victim of Fraud; Defense

Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
(b) The alleged victim of fraud described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.
(c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage.
[Pre-1997 Recodification Citation: 31-7-7-2(a) part, (b).]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 10. Actions to Annul Voidable Marriages › 31-11-10-3. Jurisdiction

Sec. 3. A circuit or superior court has jurisdiction over actions to annul voidable marriages under this chapter.
[Pre-1997 Recodification Citation: 31-7-7-3.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 10. Actions to Annul Voidable Marriages › 31-11-10-4. Procedure; Filing in County of Guardian's Residence

Sec. 4. (a) An action to annul a voidable marriage under this chapter must be conducted in accordance with IC 31-15.
(b) If a court has authorized a guardian to file an action to annul a marriage on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file an action to annul a marriage in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the action.
[Pre-1997 Recodification Citation: 31-7-7-4.]
As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-1. False Information in Marriage License Application

Sec. 1. A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Level 6 felony.
[Pre-1997 Recodification Citation: 31-7-9-1.]
As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.307.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-2. Repealed

[Pre-1997 Recodification Citation: 31-7-9-2.]
As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.308. Repealed by P.L.94-2020, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-3. False Information Concerning Applicant's Physical Condition

Sec. 3. An applicant for a marriage license who knowingly furnishes false information concerning the applicant's physical condition to the clerk of a circuit court commits a Level 6 felony.
[Pre-1997 Recodification Citation: 31-7-9-3.]
As added by P.L.1-1997, SEC.3. Amended by P.L.41-2005, SEC.1; P.L.158-2013, SEC.309.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-4. Acceptance of False Information Concerning Applicant's Physical Condition

Sec. 4. A clerk of the circuit court or a deputy of the clerk who issues a license to marry, knowing that the information concerning the physical condition of an applicant is false, commits a Class B misdemeanor.
[Pre-1997 Recodification Citation: 31-7-9-4.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-5. Solemnization of Marriage in Violation of This Article

Sec. 5. A person who:
(1) is authorized to solemnize marriages by IC 31-11-6; and
(2) solemnizes a marriage in violation of this article;
commits a Class C infraction.
[Pre-1997 Recodification Citation: 31-7-9-5.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-6. Attempt to Solemnize Marriage by Person Not Authorized to Solemnize Marriages

Sec. 6. A person who:
(1) attempts to solemnize a marriage; and
(2) is not authorized to solemnize marriages by IC 31-11-6;
commits a Class B misdemeanor.
[Pre-1997 Recodification Citation: 31-7-9-6.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-7. Solemnization of Marriage Between Persons Prohibited From Marrying

Sec. 7. A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.
[Pre-1997 Recodification Citation: 31-7-9-7.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 11. Family Law: Marriage › Chapter 11. Offenses › 31-11-11-8. Failure to Timely File Marriage License and Duplicate Marriage Certificate

Sec. 8. A person who:
(1) solemnizes a marriage; and
(2) fails to file the marriage license and a duplicate marriage certificate with the clerk of the circuit court not later than ninety (90) days after the date the marriage was solemnized;
commits a Class C infraction.
[Pre-1997 Recodification Citation: 31-7-9-8.]
As added by P.L.1-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-1. Determination of Necessity to Establish Court

Sec. 1. (a) This chapter applies only in judicial circuits in which the judges of the superior and circuit courts determine that:
(1) the social conditions in the county; and
(2) the number of domestic relations cases in the courts;
make the procedures provided in this chapter necessary for the full and proper consideration of the cases and to carry out this chapter.
(b) The majority of the judges of the superior and circuit courts in each judicial circuit shall make the determination under subsection (a) annually in January.
[Pre-1997 Recodification Citation: 31-1-23-1.]
As added by P.L.1-1997, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-2. Designation of Judges; Sessions of Court

Sec. 2. In judicial circuits having at least three (3) judges of the superior court, probate court, and circuit court, the judges of the superior, probate, and circuit courts may annually, in January, designate one (1) or more of the judges to hear all cases under this chapter. The designated judges shall hold as many sessions of court each week as are necessary for the prompt disposition of the court's business.
[Pre-1997 Recodification Citation: 31-1-23-2.]
As added by P.L.1-1997, SEC.4. Amended by P.L.84-2016, SEC.132.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-3. Designation of Court

Sec. 3. Each court exercising the jurisdiction conferred by this chapter may be designated as a domestic relations court.
[Pre-1997 Recodification Citation: 31-1-23-3.]
As added by P.L.1-1997, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-4. Jurisdiction; Supplemental Powers

Sec. 4. (a) Whenever a domestic relations court is established under this chapter, the domestic relations court has jurisdiction over all proceedings in the following causes of action:
(1) Dissolution of marriage.
(2) Separation.
(3) Annulment.
(4) Child support.
(5) Paternity.
(b) A domestic relations court has jurisdiction that other courts in Indiana have over the causes of action listed in subsection (a). A domestic relations court may dispose of the causes of action listed in subsection (a) in the manner provided by statute for those causes of action. However, this chapter grants supplemental powers to domestic relations courts to aid the court in determining the difference between the parties and in protecting the welfare and rights of the child or children involved.
[Pre-1997 Recodification Citation: 31-1-23-10 part.]
As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-5. Absence or Inability of Judge to Perform Duties; Appointment of Substitute

Sec. 5. (a) If a judge appointed to act as judge of the domestic relations court is:
(1) on vacation;
(2) absent; or
(3) for any reason unable to perform the judge's duties;
a majority of the judges of the superior and circuit courts may appoint another of the judges to act as judge of the domestic relations court during that period.
(b) A judge appointed under subsection (a) has all the powers and authority of the judge of the domestic relations court in cases under this chapter.
[Pre-1997 Recodification Citation: 31-1-23-4.]
As added by P.L.1-1997, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-6. Duty of Clerk of Judicial Circuit Court to File Cases in Domestic Relations Court

Sec. 6. The clerk of the courts in a judicial circuit in which a domestic relations court is established shall file all cases listed in section 4(a) of this chapter in the domestic relations court.
[Pre-1997 Recodification Citation: 31-1-23-10 part.]
As added by P.L.1-1997, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 12. Family Law: Domestic Relations Courts › Chapter 1. Domestic Relations Courts; Provision of Counseling Services › 31-12-1-7. Forms of Action; Caption

Sec. 7. The forms of action for:
(1) dissolution of marriage;
(2) annulment;
(3) separation;
(4) child support; or
(5) paternity;
that are available to the parties under statute are the forms of action in any domestic relations court established under this chapter. However, the caption of the cause must show that the cause is filed in the Domestic Relations Court of _____________ County.
[Pre-1997 Recodification Citation: 31-1-23-11 part.]
As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.4.