Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get a marriage license?
Before getting married in Indiana, you must apply for a marriage license at an Indiana clerk of the circuit court office. Residency determines where you can apply.
Residency
Does my residency affect the marriage license process?
Do you live in Indiana?
If you or your prospective spouse resides in Indiana, apply for a marriage license in either's county of residence.
Do you live outside of Indiana?
If neither of you live in Indiana, you must apply for a marriage license in the county where you marriage ceremony will take place.
Costs
Fee for residents?
If either of you resides in Indiana, the marriage license fee will be $18 or $20.
Fee for nonresidents?
If neither of you are residents of Indiana, the marriage license fee triples to $60 or $62.
Why do some counties charge $2 more?
Some circuit courts charge an extra $2 for a document fee or document storage fee, hence the $18–20 (residents) and $60–62 (nonresidents) differential.
Usage
Where can I use my marriage license?
If you or your future spouse is a resident of Indiana, you can marry anywhere in the state. Otherwise, you must marry in the county where you get your license.
Application
What information must I fill out?
The application will ask for your name, date of birth, place of birth, sex, race, ethnicity, occupation, social security number, prior marriages, education completed, dependent children's names and birthdates, and parents' names, birth names, residences, and birthplaces.
Attendance
What if I'm unable to apply in person?
You must both apply in person at the same time. Applying absentee is not possible.
Age Requirements
How old do I have to be to marry?
Aged 18 and over?
If you're at least 18 years old and mentally competent, you can get married without consent from a parent or guardian.
Aged 17?
If you're 17 years old, you can marry with the consent of your custodial parents, a guardian, a circuit court judge, or superior court judge.
Aged 15 and 16?
If you're 15 or 16 years old, you can marry if you're pregnant or have a child. The male must be the father of the child. A circuit or superior court judge must still approve, along with consent from your custodial parents or guardian.
Aged 14 and under?
If you're below the age of 15, you're not allowed to marry.
What are the rules for obtaining consent?
Consent must be granted in person before the circuit clerk. If custody is shared equally, both parents appear. If not, only the sole custodial parent is needed. If you need permission from a judge, petition a circuit or superior court in your county or neighboring county of residence.
Waiting Period
How soon will I get my marriage license?
Your marriage license will be issued immediately. You can get married the same day.
Expiration
How long will my marriage license be good for?
Your marriage license will remain valid for 60 days after issuance. If you miss your opening, you'll have to reapply.
Identification
What are the ID requirements?
You'll need to bring one or more forms of ID to confirm your age and residence.
How do I confirm my age?
A certified copy of your birth certificate is preferred for age verification. It's mandatory for minors. Alternatively, unexpired government-issued ID would suffice, such as a driver's license, state-issued ID card, military ID card, military discharge papers, or passport.
How do I confirm my residence?
If the ID you use to confirm your age doesn't show your current address, bring something that does, such as a utility bill, bank statement, or rental agreement.
Blood Test
Do I need to get a blood test?
You don't have to get a blood test before marriage. However, the clerk will give you information on AIDS and other STDs.
Divorced
What if I'm divorced?
If your last marriage ended in divorce, bring a certified copy of your divorce decree. Some counties only require this if divorced within the last 60 days.
Widowed
What if I'm a widow or widower?
If your last marriage left you a widow or widower, bring a certified copy of the death certificate. Some counties may forgo this for deaths more than 60 days ago.
Name Change
Can I change my name after marriage?
Name change because of marriage isn't automatic in Indiana. You can use an online marriage name change kit to help you get it done. Update your social security card first, then your passport, among other documents.
Witnesses
Do I need to bring witnesses?
You don't have to bring witnesses to your marriage ceremony.
The Ceremony
Who can preside over my marriage?
Your marriage can be solemnized by a judge, circuit court clerk, clergyperson of any religion, or designee of a religious society (i.e., Quakers, Baha'is, Mormons).
Can we preside over our own ceremony?
You can't hold a self-solemnized marriage ceremony. Someone else must officiate.
License Return
When must the marriage license go back?
The marriage certificate must be sent back to the issuing circuit court within 30 days following your marriage ceremony so that it may be recorded.
Marriage Certificate
How can I get a copy of my marriage certificate?
A certified copy of your marriage certificate costs $2. It can be ordered from the same circuit court where you got your marriage license.
When can I order my certificate?
You can place a preorder for your marriage certificate the same time you apply for your marriage license. It'll automatically be mailed to you after you're married and license recorded. Of course, you can also order after you're married.
Proxy Marriage
Can I get married by proxy?
Indiana doesn't allow marriage by proxy, where you have an intermediary stand-in for you at the marriage ceremony. You must attend.
Prohibited Marriage
Is marriage among cousins allowed?
Indiana law does permit marriage between first cousins as long as both are at least 65 years old.
Is marriage among other family members allowed?
You can't marry anyone up or down your family line. That extends to aunts, uncles, nieces, and nephews, whether related by blood or adoption.
Common-law Marriage
Can I establish a common-law marriage?
Indiana only recognizes common-law marriages established on or prior to January 1, 1958.
Trying to get married legally quickly before put in home detention so my partner and I can live together during that time. I have three weeks. I would like to know if my name changes as soon as I get the marriage license or what steps you take to officially and legally be married.
No, your name change isn't automatic. You must get married through a ceremony, then submit your name change to the Social Security Administration using your marriage certificate (not license) as proof of name change.
Do we need an appointment to get a marriage license?
Hi Elroy. Maybe. Which county are you applying in?
Is there a way to get same day married before we head out of town before the ceremony? If so, do we have to make an appointment, what do we need in order to do so, does that mean we have to go before a judge? Is there any changes to coming in since Covid happened? Pretty much what is the fastest way to get married?
If you're pursuing a courthouse ceremony, you can get in touch with the clerk of circuit court about availability and scheduling.
That's likely.
Contact the court clerk to make arrangements. Be mindful of the residency restrictions.
Court court clerks are authorized to solemnize the same as judges.
I can't say without knowing the county you're applying in. Some have shifted to appointment only or virtual.
Schedule your ceremony well ahead of time. Make an appointment to apply, or inquire about virtual appointments. If doing the latter, ask if they can mail out your license with expedited shipping. There's no waiting period, so your license is ready for use once you get it.
Can my friend officiate my wedding?
Hi Maria. Only the officials listed under the ceremony section of this page can officiate marriages in Indiana. However, the state doesn't require registrations of such persons or verify or track credentials, so make of that what you will.
Hello.
My partner is confined full time to a wheelchair. She is 68 and I am 73. I am unable to lift the heavy wheelchair, and our old car is too small for it anyway.
We live in Homecroft (46227), Perry Township. It would actually be easier for us to get a marriage license in Johnson County. There is better parking there and there isn't as much traffic. It would be so much easier for us to arrange for friends to help with this if we didn't have to go to the busy downtown City-County building.
Would it be permissible for us to get the license in Johnson County? I would have called with this question, but I'm severely hearing impaired. THANK YOU very much for any and all efforts on our behalf. Have a nice afternoon. :)
Hi Ann. Unfortunately, it does have to be in your county of residence, which would be Marion County,
I have 2 friends getting marriage in Sept. They went to Grant Co. to get their license, Grant Co. would not issue them one because their dr. license say Hartford city, but their address has a -27 and they are in grant co. Their license plates say 27 on them and gave them a piece of mail also. They called Blackford Co. and they told them to go the Grant Co. What do they need to do?
Hi Heidi. They might not be willing to just accept any piece of random mail. You friends can contact the circuit court and ask if they're willing to accept another piece of mail showing their residence in Grant County, such as a utility bill or credit card or bank statement.
The alternative is to get their driver's license corrected with the proper address.
My friend had a wedding ceremony over 15 years ago, but didn't apply for a marriage license until the next day (courthouse was closed on wedding date).
What would that mean? She's still married & has the marriage certificate. I was curious if it's technically void because the wedding was the day before she applied?
Hi Em. Your friend can look into submitting a delayed marriage license. But she may want to consider consulting with an attorney to make sure she doesn't leave herself exposed due to her ceremony date.
An attorney familiar with Indiana marriage statutes may suggest alternative language or explanation to make sure her request isn't rejected.
Hi. One party is in jail. The other party has POA for him. Can she sign the marriage application for him? And can you give me an IC code?
Hi Melody. You don't have to figure this out on your own. You can contact the warden's staffer who "coordinates" marriages to make arrangements. You can pose the necessity of having a power of attorney to them.
I read Indiana does not require a witness at the marriage ceremony at the courthouse. But if someone chooses to have a witness(es), is there an age requirement for the witnesses?
Hi Inquiring minds. What you're describing seems like a minimum age requirement to attend the proceedings. Do you have a reference you could provide?