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.
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.
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.
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.
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.
What if I'm unable to apply in person?
You must both apply in person at the same time. Applying absentee is not possible.
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.
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.
How soon will I get my marriage license?
Your marriage license will be issued immediately. You can get married the same day.
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.
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.
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.
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.
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.
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.
Do I need to bring witnesses?
You don't have to bring witnesses to your marriage 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.
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.
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.
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.
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.
Can I establish a common-law marriage?
Indiana only recognizes common-law marriages established on or prior to January 1, 1958.