Indiana § 31-11-4-17 Failure to file marriage certificates and marriage licenses; declaratory
order upon proof of marriage; legal effect; recording requirements

Indiana Statutes

§ 31-11-4-17 — Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

Indiana·Art. 11 FAMILY LAW: MARRIAGE·Ch. 4 Marriage Licenses and Certificates

(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 fi

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(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.]

Indiana § 31-11-4-17 (Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.