Our complete list of the 32 Michigan Compiled Laws relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Michigan related to the marriage license, who can officiate weddings, and officiant registration.
The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Michigan (where applicable).
(1) Marriages may be solemnized by any of the following: (a) A judge of the district court, anywhere in this state. (b) A district court magistrate, anywhere in this state. (c) A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928. (d) A judge of probate, anywhere in this state. (e) A judge of a federal court. (f) A mayor of a city, anywhere in a county in which that city is located. (g) A county clerk in the county in which the clerk serves, or in another county with the written authorization of the clerk of the other county. (h) For a county having more than 1,500,000 inhabitants, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves. (i) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination. (j) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or cleric or religious practitioner resides. (2) A person authorized by this act to solemnize a marriage shall keep proper records and return licenses and certificates as required by section 4 of 1887 PA 128, MCL 551.104. (3) If a mayor of a city solemnizes a marriage, the mayor shall charge and collect a fee to be determined by the council of that city, which shall be paid to the city treasurer and deposited in the general fund of the city at the end of the month. (4) If the county clerk or, in a county having more than 1,500,000 inhabitants, an employee of the clerk's office designated by the county clerk solemnizes a marriage, the county clerk shall charge and collect a fee to be determined by the commissioners of the county in which the clerk serves. The fee shall be paid to the treasurer for the county in which the clerk serves and deposited in the general fund of that county at the end of the month.
R.S. 1846, Ch. 83 ;-- CL 1857, 3210 ;-- CL 1871, 4725 ;-- Am. 1873, Act 85, Eff. July 31, 1873 ;-- How. 6215 ;-- CL 1897, 8594 ;-- Am. 1903, Act 139, Eff. Sept. 17, 1903 ;-- Am. 1909, Act 235, Eff. Sept. 1, 1909 ;-- CL 1915, 11368 ;-- CL 1929, 12696 ;-- Am. 1931, Act 28, Imd. Eff. Apr. 21, 1931 ;-- Am. 1937, Act 42, Eff. Oct. 29, 1937 ;-- CL 1948, 551.7 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff. June 6, 1979 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983 ;-- Am. 2006, Act 419, Imd. Eff. Sept. 29, 2006 ;-- Am. 2006, Act 613, Imd. Eff. Jan. 3, 2007 ;-- Am. 2008, Act 47, Imd. Eff. Mar. 27, 2008 ;-- Am. 2012, Act 265, Imd. Eff. July 3, 2012 ;-- Am. 2014, Act 278, Imd. Eff. July 2, 2014
Below you can read through our curated list of all Michigan laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
(1) Marriages may be solemnized by any of the following: (a) A judge of the district court, anywhere in this state. (b) A district court magistrate, anywhere in this state. (c) A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928. (d) A judge of probate, anywhere in this state. (e) A judge of a federal court. (f) A mayor of a city, anywhere in a county in which that city is located. (g) A county clerk in the county in which the clerk serves, or in another county with the written authorization of the clerk of the other county. (h) For a county having more than 1,500,000 inhabitants, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves. (i) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination. (j) A minister of the gospel or cleric or religious practitioner, anywhere in this state, if the minister or cleric or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or cleric or religious practitioner resides. (2) A person authorized by this act to solemnize a marriage shall keep proper records and return licenses and certificates as required by section 4 of 1887 PA 128, MCL 551.104. (3) If a mayor of a city solemnizes a marriage, the mayor shall charge and collect a fee to be determined by the council of that city, which shall be paid to the city treasurer and deposited in the general fund of the city at the end of the month. (4) If the county clerk or, in a county having more than 1,500,000 inhabitants, an employee of the clerk's office designated by the county clerk solemnizes a marriage, the county clerk shall charge and collect a fee to be determined by the commissioners of the county in which the clerk serves. The fee shall be paid to the treasurer for the county in which the clerk serves and deposited in the general fund of that county at the end of the month.
R.S. 1846, Ch. 83 ;-- CL 1857, 3210 ;-- CL 1871, 4725 ;-- Am. 1873, Act 85, Eff. July 31, 1873 ;-- How. 6215 ;-- CL 1897, 8594 ;-- Am. 1903, Act 139, Eff. Sept. 17, 1903 ;-- Am. 1909, Act 235, Eff. Sept. 1, 1909 ;-- CL 1915, 11368 ;-- CL 1929, 12696 ;-- Am. 1931, Act 28, Imd. Eff. Apr. 21, 1931 ;-- Am. 1937, Act 42, Eff. Oct. 29, 1937 ;-- CL 1948, 551.7 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff. June 6, 1979 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983 ;-- Am. 2006, Act 419, Imd. Eff. Sept. 29, 2006 ;-- Am. 2006, Act 613, Imd. Eff. Jan. 3, 2007 ;-- Am. 2008, Act 47, Imd. Eff. Mar. 27, 2008 ;-- Am. 2012, Act 265, Imd. Eff. July 3, 2012 ;-- Am. 2014, Act 278, Imd. Eff. July 2, 2014
Each application made under this act for a marriage license shall be in the usual form and shall be accompanied by a fee of $3.00, $2.00 of which the judge of probate shall keep for services rendered, and $1.00 of which the judge of probate shall forward to the state registrar for deposit in the state general fund. The judge of probate, upon the filing of an application under this act, shall perform the marriage ceremony. If the applicant or either of the parties to the marriage desires to have the marriage ceremony performed by some person competent to perform the marriage ceremony other than the judge of probate, the judge of probate shall issue a written permit to the person designated by the applicant or contracting party directing that person to perform the marriage ceremony. The party so designated, if competent to perform the marriage ceremony under the laws of this state, may perform the marriage ceremony, but a record shall not be made of the marriage, except the record made by the judge of probate under this act. Upon the performance of the marriage ceremony, the party performing it shall return the marriage certificate to the judge of probate, who shall attach the license and certificate to the application. The papers described in this section shall be executed in duplicate, and the person performing the marriage ceremony shall deliver a certificate of the marriage to the parties.
1897, Act 180, Eff. Aug. 30, 1897 ;-- CL 1897, 8613 ;-- Am. 1899, Act 232, Eff. Sept. 23, 1899 ;-- Am. 1909, Act 312, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 224, Eff. Aug. 1, 1911 ;-- CL 1915, 11388 ;-- CL 1929, 12718 ;-- CL 1948, 551.202 ;-- Am. 1979, Act 133, Imd. Eff. Oct. 30, 1979 ;-- Am. 1983, Act 199, Imd. Eff. Nov. 7, 1983
In the solemnization of marriage, no particular form shall be required, except that the parties shall solemnly declare, in the presence of the person solemnizing the marriage and the attending witnesses, that they take each other as husband and wife; and in every case, there shall be at least 2 witnesses, besides the person solemnizing the marriage, present at the ceremony.
R.S. 1846, Ch. 83 ;-- CL 1857, 3212 ;-- CL 1871, 4727 ;-- How. 6217 ;-- CL 1897, 8596 ;-- CL 1915, 11370 ;-- CL 1929, 12698 ;-- CL 1948, 551.9 ;-- Am. 1972, Act 211, Eff. July 1, 1972
A marriage solemnized before an individual professing to be a district judge, common pleas court judge, district court magistrate, municipal judge, judge of probate, judge of a federal court, mayor, the county clerk or, in a county having more than 2,000,000 inhabitants, an employee of the county clerk designated by the clerk to solemnize marriages, or a minister of the gospel or cleric or religious practitioner shall not be considered or adjudged to be void, nor shall the validity of the marriage be affected, on account of a want of jurisdiction or authority by that individual if the marriage was consummated with a full belief on the part of the individuals married, or either of them, that they were lawfully joined in marriage.
R.S. 1846, Ch. 83 ;-- CL 1857, 3219 ;-- CL 1871, 4730 ;-- How. 6220 ;-- CL 1897, 8599 ;-- CL 1915, 11373 ;-- CL 1929, 12701 ;-- CL 1948, 551.16 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff. June 6, 1979 ;-- Am. 2006, Act 419, Imd. Eff. Sept. 29, 2006
It shall be necessary for all parties intending to be married to obtain a marriage license from the county clerk of the county in which either the man or woman resides, and to deliver the said license to the clergyman or magistrate who is to officiate, before the marriage can be performed. If both parties to be married are non-residents of the state it shall be necessary to obtain such license from the county clerk of the county in which the marriage is to be performed.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222a ;-- Am. 1889, Act 256, Imd. Eff. July 3, 1889 ;-- CL 1897, 8602 ;-- CL 1915, 11376 ;-- CL 1929, 12705 ;-- CL 1948, 551.101
The record of any license to marry, or of any marriage certificate, in any county clerk's office, or a certified copy thereof, shall be prima facie evidence in any court or proceedings in this state, with the same force and effect as if the original were produced, both as to the facts therein contained and as to the genuineness of the signatures thereto.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222j ;-- CL 1897, 8611 ;-- CL 1915, 11385 ;-- CL 1929, 12715 ;-- CL 1948, 551.110
(1) (1) An individual who is 18 years of age or older may contract marriage. As proof of age, the individual who intends to be married, in addition to the statement of age in the application, when requested by the county clerk, must submit a birth certificate or other proof of age. The county clerk on the application submitted shall fill out the blank spaces of the license according to the sworn answers of the applicant, taken before the county clerk, or some person duly authorized by law to administer oaths. The county clerk shall not issue a license until the requirements of this section are complied with. If the parties are legally entitled to be married, the county clerk must sign the license and certify the fact that it is properly issued, and the clerk must make a correct copy of the license in the books of registration. (2) A fee of $20.00 must be paid by the individual applying for the license and must be paid by the county clerk into the general fund of the county. The county board of commissioners must allocate $15.00 of each fee collected to the circuit court for family counseling services that must include counseling for domestic violence and child abuse. If family counseling services are not established in the county, the circuit court may use the money allocated to contract with public or private agencies providing similar services. Money allocated to the circuit court under this section that is not expended must be returned to the general fund of the county to be held in escrow until circuit court family counseling services are established under the circuit court family counseling services act, 1964 PA 155, MCL 551.331 to 551.344. A probate court may order the county clerk to waive the marriage license fee in cases in which the fee would result in undue hardship. If both parties named in the application are nonresidents of the state, the individual applying for the license must pay an additional fee of $10.00 that the county clerk must deposit into the general fund of the county. The county clerk must give the license filled out and signed, together with the blank form of certificate, to the individual applying, for delivery to the individual who is to officiate at the marriage. On the return of the license to the county clerk, containing the signatures of the witnesses to the marriage, who must be 18 years of age or older, the individuals being married, and the individual officiating at the marriage, with the certificate of the individual officiating at the marriage that the marriage has been performed, the county clerk must record in the book of registration in the proper place of entry the information prescribed by the director of the department of health and human services. The licenses and certificates issued and returned must be forwarded to the state registrar appointed by the director of the department of health and human services on the forms and in the manner prescribed by the director. (3) A charter county that has a population of over 1,500,000 may impose by ordinance a marriage license fee or nonresident marriage license fee, or both, different in amount than the fee prescribed by subsection (2). The charter county must allocate the fee for family counseling services as prescribed by subsection (2). A charter county must not impose a fee that is greater than the cost of the service for which the fee is charged.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222c ;-- Am. 1895, Act 243, Eff. Aug. 30, 1895 ;-- CL 1897, 8604 ;-- CL 1915, 11378 ;-- Am. 1917, Act 195, Eff. Aug. 10, 1917 ;-- CL 1948, 551.103 ;-- Am. 1951, Act 37, Eff. Sept. 28, 1951 ;-- Am. 1953, Act 31, Eff. Oct. 2, 1953 ;-- Am. 1963, Act 112, Eff. Sept. 6, 1963 ;-- Am. 1967, Act 23, Imd. Eff. June 2, 1967 ;-- Am. 1968, Act 304, Eff. Nov. 15, 1968 ;-- Am. 1978, Act 430, Imd. Eff. Oct. 5, 1978 ;-- Am. 1980, Act 4, Eff. Feb. 14, 1980 ;-- Am. 1981, Act 65, Imd. Eff. June 16, 1981 ;-- Am. 1984, Act 346, Imd. Eff. Dec. 27, 1984 ;-- Am. 2006, Act 578, Imd. Eff. Jan. 3, 2007; Am. 2023, Act 121, Imm. Eff. Sept 19, 2023
551.201 >> Issuance of marriage license without publicity; conditions; application; notice; consent; exceptions; order : (1) When an individual desires to keep the exact date of his or her marriage to an individual of the opposite sex a secret, the probate judge may issue, without publicity, a marriage license to any individual making application, under oath, if there is good reason expressed in the application and determined to be sufficient by the probate judge. (2) The probate judge may authorize an order nunc pro tunc regarding the date to appear on the marriage license.
1897, Act 180, Eff. Aug. 30, 1897 ;-- CL 1897, 8612 ;-- Am. 1899, Act 232, Eff. Sept. 23, 1899 ;-- CL 1915, 11387 ;-- CL 1929, 12717 ;-- Am. 1939, Act 251, Eff. Sept. 29, 1939 ;-- CL 1948, 551.201 ;-- Am. 1957, Act 209, Eff. Sept. 27, 1957 ;-- Am. 1967, Act 175, Imd. Eff. June 30, 1967 ;-- Am. 1983, Act 199, Imd. Eff. Nov. 7, 1983; Am. 2023, Act 122 , Imd. Eff. Sept 19, 2023
(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws. (2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
1939, Act 168, Imd. Eff. June 6, 1939 ;-- CL 1948, 551.271 ;-- Am. 1996, Act 334, Imd. Eff. June 26, 1996
Sec. 1. (1) For a marriage entered into in this state before the effective date of the amendatory act that added subsection (2), the legal marriage of a minor releases that minor from parental control. The husband or wife of a minor, so released, is entitled to the same rights, benefits, and privileges, and the minor is subject to the same duties, liabilities, and responsibilities, as the husband or wife, as if the minor husband or wife were of legal age at the time of the marriage. (2) It is unnecessary in any divorce action commenced by or against a legally married minor to have a next friend or guardian ad litem appointed for that minor unless the judge requires it. A minor is entitled to prosecute or defend the action in the same manner and with the same effect as if he or she were of legal age.
1919, Act 160, Eff. Aug. 14, 1919 ;-- CL 1929, 12722 ;-- Am. 1945, Act 215, Eff. Sept. 6, 1945 ;-- CL 1948, 551.251; Am. 2023, Act 123, Imm. Eff. Sept 19, 2023
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
Add. 1996, Act 324, Imd. Eff. June 26, 1996
A man shall not marry his mother, sister, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or cousin of the first degree, or another man.
R.S. 1846, Ch. 83 ;-- CL 1857, 3206 ;-- CL 1871, 4721 ;-- How. 6211 ;-- CL 1897, 8590 ;-- Am. 1903, Act 257, Eff. Sept. 17, 1903 ;-- CL 1915, 11364 ;-- CL 1929, 12692 ;-- CL 1948, 551.3 ;-- Am. 1996, Act 324, Imd. Eff. June 26, 1996
So far as its validity in law is concerned, marriage is a civil contract between a man and a woman, to which the consent of parties capable in law of contracting is essential. Consent alone is not enough to effectuate a legal marriage on and after January 1, 1957. Consent shall be followed by obtaining a license as required by section 1 of Act No. 128 of the Public Acts of 1887, being section 551.101 of the Michigan Compiled Laws, or as provided for by section 1 of Act No. 180 of the Public Acts of 1897, being section 551.201 of the Michigan Compiled Laws, and solemnization as authorized by sections 7 to 18 of this chapter.
R.S. 1846, Ch. 83 ;-- CL 1857, 3205 ;-- CL 1871, 4720 ;-- How. 6210 ;-- CL 1897, 8589 ;-- CL 1915, 11363 ;-- CL 1929, 12691 ;-- CL 1948, 551.2 ;-- Am. 1956, Act 44, Eff. Aug. 11, 1956 ;-- Am. 1996, Act 324, Imd. Eff. June 26, 1996
A woman shall not marry her father, brother, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree, or another woman.
R.S. 1846, Ch. 83 ;-- CL 1857, 3207 ;-- CL 1871, 4722 ;-- How. 6212 ;-- CL 1897, 8591 ;-- Am. 1903, Act 257, Eff. Sept. 17, 1903 ;-- CL 1915, 11365 ;-- CL 1929, 12693 ;-- CL 1948, 551.4 ;-- Am. 1996, Act 324, Imd. Eff. June 26, 1996
No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved.
R.S. 1846, Ch. 83 ;-- CL 1857, 3208 ;-- CL 1871, 4723 ;-- How. 6213 ;-- CL 1897, 8592 ;-- CL 1915, 11366 ;-- CL 1929, 12694 ;-- CL 1948, 551.5
If a person authorized to solemnize marriages knowingly joins any persons in marriage contrary to the provisions of this chapter, he or she shall forfeit for each offense a sum not exceeding $500.00.
R.S. 1846, Ch. 83 ;-- CL 1857, 3217 ;-- CL 1871, 4728 ;-- How. 6218 ;-- CL 1897, 8597 ;-- CL 1915, 11371 ;-- CL 1929, 12699 ;-- CL 1948, 551.14 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983
If any person shall undertake to join others in marriage, knowing that he is not lawfully authorized so to do, or knowing of any legal impediment to the proposed marriage, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not more than 1 year, or by a fine not less than 50 nor more than 500 dollars, or by both such fine and imprisonment, in the discretion of the court.
R.S. 1846, Ch. 83 ;-- CL 1857, 3218 ;-- CL 1871, 4729 ;-- How. 6219 ;-- CL 1897, 8598 ;-- CL 1915, 11372 ;-- CL 1929, 12700 ;-- CL 1948, 551.15
The preceding provisions of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called Friends or Quakers; nor marriages among people of any other particular denomination, having, as such, any peculiar mode of solemnizing marriages; but such marriages may be solemnized in the manner heretofore used and practiced in their respective societies or denominations.
R.S. 1846, Ch. 83 ;-- CL 1857, 3220 ;-- CL 1871, 4731 ;-- How. 6221 ;-- CL 1897, 8600 ;-- CL 1915, 11374 ;-- CL 1929, 12702 ;-- CL 1948, 551.17
The original certificates and records of marriage made by the person solemnizing the marriage as prescribed in this chapter, and the record thereof made by the county clerk, or a copy of such record duly certified by such clerk, shall be received in all courts and places, as presumptive evidence of the fact of the marriage.
R.S. 1846, Ch. 83 ;-- CL 1857, 3221 ;-- CL 1871, 4732 ;-- How. 6222 ;-- CL 1897, 8601 ;-- CL 1915, 11375 ;-- CL 1929, 12703 ;-- CL 1948, 551.18 ;-- Am. 1972, Act 211, Eff. July 1, 1972
The reports of marriage sent by the county clerks of the counties of the state to the department of public health shall be preserved on file in that department, and a proper record shall be made and kept.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222i ;-- CL 1897, 8610 ;-- CL 1915, 11384 ;-- CL 1929, 12714 ;-- CL 1948, 551.109 ;-- Am. 1978, Act 430, Imd. Eff. Oct. 5, 1978
Sec. 1. (1) A marriage in this state shall not be contracted by an individual who is under 18 years of age. A marriage, if entered into in this state by an individual under 18 years of age, is void. (2) This section applies to a marriage entered into on or after the effective date of the amendatory act that added this subsection.
1921, Act 352, Imd. Eff. May 18, 1921 ;-- CL 1929, 12704 ;-- CL 1948, 551.51 ;-- Am. 1983, Act 198, Imd. Eff. Nov. 7, 1983; Am. 2023, Act 71; Imd. Eff. Sept 19, 2023
(1) Blank forms for a marriage license and certificate shall be prepared and furnished by the state registrar appointed by the director of the department of community health to each county clerk of this state in the quantity needed. The blank form for a license and certificate shall be made in duplicate and shall provide spaces for the entry of identifying information of the parties and other items prescribed in rules promulgated by the director of the department of community health. The state registrar shall furnish to each county clerk of this state blank application forms of an affidavit containing the requisite allegations, under the laws of this state, of the competency of the parties to unite in the bonds of matrimony, and as required to comply with federal law, containing a space requiring each applicant's social security number. A party applying for a license to marry shall make and file the application in the form of an affidavit with the county clerk as a basis for issuing the license. The county clerk may permit a party applying for a marriage license to submit that application electronically. If the county clerk accepts an electronically submitted application, the clerk shall print the required information from the application in the form of an affidavit and have a party named in the application sign the affidavit in the presence of the county clerk or a deputy clerk. The license shall be made a matter of record and shall be transmitted to the department of community health in the manner prescribed by the state registrar. The state registrar shall not require an applicant's social security number to be displayed on the marriage license. (2) A person shall not disclose, in a manner not authorized by law or rule, a social security number collected as required by this section. A violation of this subsection is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. A second or subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (3) A requirement under this section to include a social security number on an application does not apply to an applicant who demonstrates he or she is exempt under law from obtaining a social security number or to an applicant who for religious convictions is exempt under law from disclosure of his or her social security number under these circumstances. The county clerk shall inform the applicant of this possible exemption. (4) The application required to be completed under subsection (1) is a nonpublic record and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The application shall be made available, upon request, to the persons named in the application.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222b ;-- CL 1897, 8603 ;-- CL 1915, 11377 ;-- CL 1929, 12706 ;-- CL 1948, 551.102 ;-- Am. 1965, Act 127, Eff. Mar. 31, 1966 ;-- Am. 1978, Act 430, Imd. Eff. Oct. 5, 1978 ;-- Am. 1998, Act 333, Imd. Eff. Aug. 10, 1998 ;-- Am. 2006, Act 578, Imd. Eff. Jan. 3, 2007
A marriage license shall not be delivered within a period of 3 days including the date of application. However, the county clerk of each county, for good and sufficient cause shown, may deliver the license immediately following the application. If the county clerk delivers the license immediately following the application, the person applying for the license shall pay a fee to be determined by the county board of commissioners, which the county clerk shall deposit into the general fund of the county. A marriage license issued is void unless a marriage is solemnized under the license within 33 days after the application.
Add. 1925, Act 107, Eff. Aug. 27, 1925 ;-- CL 1929, 12708 ;-- Am. 1947, Act 112, Eff. Oct. 11, 1947 ;-- CL 1948, 551.103a ;-- Am. 1955, Act 227, Eff. Oct. 14, 1955 ;-- Am. 1975, Act 104, Imd. Eff. June 6, 1975 ;-- Am. 1989, Act 270, Imd. Eff. Dec. 26, 1989 ;-- Am. 2006, Act 578, Imd. Eff. Jan. 3, 2007
It shall be the duty of the clergyman or magistrate, officiating at a marriage, to fill in the spaces of the certificate left blank for the entry of the time and place of the marriage, the names and residences of 2 witnesses, and his own signature in certification that the marriage has been performed by him and any and all information required to be filled in in the spaces left blank in the certificate shall be typewritten or legibly printed. He shall separate the duplicate license and certificate, and deliver the half part designated duplicate to 1 of the parties, so joined in marriage, and within 10 days return the original to the county clerk issuing the same. It shall be the duty of such clergyman or magistrate to keep an accurate record of all marriages solemnized in a book used expressly for that purpose.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222d ;-- CL 1897, 8605 ;-- Am. 1913, Act 244, Eff. Aug. 14, 1913 ;-- CL 1915, 11379 ;-- CL 1929, 12709 ;-- CL 1948, 551.104 ;-- Am. 1955, Act 96, Eff. Oct. 14, 1955
Any county clerk who shall refuse to give a license to persons properly applying and legally entitled to be married, or who shall violate any of the provisions of this act, shall be adjudged guilty of a misdemeanor, and shall be punished by a fine of not less than 25 dollars or more than 100 dollars, or in default of payment thereof, by imprisonment in the county jail for a term of 30 days.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222e ;-- CL 1897, 8606 ;-- CL 1915, 11380 ;-- CL 1929, 12710 ;-- CL 1948, 551.105
Any clergyman or magistrate who shall join together in marriage parties who have not delivered to him a properly issued license, as provided for in this act, or who shall violate any of the provisions of this act, shall be adjudged guilty of a misdemeanor, and shall be punished by a fine of 100 dollars, or in default of payment thereof, by imprisonment in the county jail for a term of 90 days.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222f ;-- CL 1897, 8607 ;-- CL 1915, 11381 ;-- CL 1929, 12711 ;-- CL 1948, 551.106
Any person, whose duty it shall be to return a marriage certificate to the county clerk, who shall neglect to return said certificate, shall be adjudged guilty of a misdemeanor, and shall be punished by a fine of not exceeding 100 dollars or 90 days' imprisonment, or both, in the discretion of the court.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222g ;-- CL 1897, 8608 ;-- CL 1915, 11382 ;-- CL 1929, 12712 ;-- CL 1948, 551.107
Any person applying for a marriage license who shall swear to a false statement therein, shall be guilty of perjury, and shall be prosecuted therefor under the general laws of the state.
1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222h ;-- CL 1897, 8609 ;-- CL 1915, 11383 ;-- CL 1929, 12713 ;-- CL 1948, 551.108
Whenever it is alleged that the facts are not correctly stated in any certificate or license of marriage heretofore registered in this state, the county clerk of the county in which the certificate or license of marriage has been recorded shall require such evidence to be presented in the form of an affidavit or otherwise as may be necessary to establish the alleged facts and when so established the original record shall be changed to accord with the same. Such evidence shall be approved by the circuit court by ex parte order.
Add. 1969, Act 196, Imd. Eff. Aug. 6, 1969
(1) The judge of probate shall file a complete set of all papers in each case in a private file, and, within 10 days after the marriage, shall forward a duplicate to the state registrar. The state registrar shall file the duplicate in a private file and record the filing in a private register. Except as provided in subsections (2) and (3), the file in the probate court, and the duplicate and record in the state department of health and human services, shall be open to inspection only upon the written request and proper proof of identification of 1 or both of the partners to the marriage, or upon the written order of a judge of the circuit court of this state, and only for the use designated in the order. The order shall be made only upon the written request of the person or persons who were married under this act, or if necessary for the protection of property rights arising from or affected by the marriage. (2) Except as provided in subsection (3), after both parties to a marriage made private under this act are over 18 years of age, both parties may petition the court to unseal the record of their marriage. If the court receives a petition under this subsection or subsection (3), the court shall enter an order to unseal the record of the marriage upon finding all of the following: (a) The petitioners were married without publicity under section 1. (b) The petitioners are both over 18 years of age at the time of filing the petition. (c) Both of the petitioners wish to unseal the record of the marriage. (3) If a party to a marriage made private under this act is deceased and the surviving party is 18 years of age or older, the surviving party may petition the court to unseal the record of the marriage. (4) Upon entering an order under subsection (2), the court shall forward a copy of the license and certificate of marriage to the county clerk in the county in which the license was issued. If the court unseals a record of a marriage under this section, the court shall forward a copy of the record to the state registrar. (5) Access to a record of marriage unsealed under subsection (2) or (3) is the same as access to a vital record provided under part 28 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899.
1897, Act 180, Eff. Aug. 30, 1897 ;-- CL 1897, 8614 ;-- Am. 1899, Act 232, Eff. Sept. 23, 1899 ;-- CL 1915, 11389 ;-- CL 1929, 12719 ;-- CL 1948, 551.203 ;-- Am. 1979, Act 133, Imd. Eff. Oct. 30, 1979 ;-- Am. 2017, Act 200, Eff. Mar. 15, 2018
(1) Except as provided in subsection (2), all knowledge of facts that come to the judge of probate, state registrar or an agent or employee of the state registrar, the physician endorsing the application, or a witness to the marriage under the license issued under this act is privileged communications. A violation of confidence by the judge of probate, state registrar or an agent or employee of the state registrar, the physician, or a witness is a misdemeanor, punishable by a fine of not less than $25.00, nor more than $100.00, plus the costs of prosecution, and, in default of the payment, imprisonment for not more than 3 months. An editor, publisher, or proprietor of a newspaper or publication within this state giving publicity to a license or marriage performed under this act is guilty of a misdemeanor punishable by a fine of not less than $50.00, nor more than $100.00, plus the costs of prosecution, and, in default of the payment, imprisonment for not more than 30 days. In addition, the editor, publisher, or proprietor is liable in an action of libel to the parties married under the license. If the judge of probate performing the marriage ceremony under a license issued under this act neglects to make proper return, the judge shall be fined, in addition to penalties prescribed by the laws of this state, not more than $50.00. (2) This section does not apply to a license that is unsealed under section 3(2) or (3).
1897, Act 180, Eff. Aug. 30, 1897 ;-- CL 1897, 8615 ;-- CL 1915, 11390 ;-- CL 1929, 12720 ;-- CL 1948, 551.204 ;-- Am. 1979, Act 133, Imd. Eff. Oct. 30, 1979 ;-- Am. 2017, Act 200, Eff. Mar. 15, 2018
This state recognizes marriage as inherently a unique relationship between a man and a woman, as prescribed by section 1 of chapter 83 of the Revised Statutes of 1846, being section 551.1 of the Michigan Compiled Laws, and therefore a marriage that is not between a man and a woman is invalid in this state regardless of whether the marriage is contracted according to the laws of another jurisdiction.
Add. 1996, Act 334, Imd. Eff. June 26, 1996
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