§ 9-11-211 — Military personnel - Waiver of certain license requirements - Proceedings

(a) (1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210 , and the consent of parents, as required by §§ 9-11-102 - 9-11-105 . The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces. (2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service. (b) (1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America". (2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached. (3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit. (4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card. (5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk. (c) The county courts of this state for the purpose of this section shall be open and in session during regular office hours.

Legislative History

Acts 1967, No. 380, §§ 1-3; A.S.A. 1947, §§ 55-247 -- 55-249