Marriage Laws for Idaho
Who can perform marriage in Idaho, Who can file for a marriage license, and more.
Who can perform marriage in Idaho, Who can file for a marriage license, and more.
Marriage may be solemnized by any of the following Idaho officials: a current or retired justice of the supreme court, a current or retired court of appeals judge, a current or retired district judge, the current or a former governor, the current lieutenant governor, a current or retired magistrate of the district court, a current mayor or by any of the following: a current federal judge, a current tribal judge of an Idaho Indian tribe or other tribal official approved by an official act of an Idaho Indian tribe or priest or minister of the gospel of any denomination. To be a retired justice of the supreme court, court of appeals judge, district judge or magistrate judge of the district court, for the purpose of solemnizing marriages, a person shall have served in one (1) of those offices and shall be receiving a retirement benefit from either the judges retirement system or the public employee retirement system for service in the Idaho judiciary.
Neither party to a contract to marry is bound by a promise made in ignorance of the other?s want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other, unless both parties participate therein.
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half (1/2) as well as the whole blood, and between uncles and nieces, or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.
All marriages between first cousins are prohibited.
All marriages shall be solemnized, authenticated and recorded as provided in this chapter. On and after January 1, 1996, any marriage contracted or entered into in violation of the provisions of this title shall be void.
A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning unless: 1. The former marriage of either party has been annulled or dissolved; or, 2. Such former husband or wife was absent and not known to such person to be living for the space of five (5) successive years immediately preceding, or was generally reputed, and was believed by such person, to be dead at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.
(1) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by the issuance of a license and a solemnization as authorized and provided by law. Marriage created by a mutual assumption of marital rights, duties or obligations shall not be recognized as a lawful marriage. (2) The provisions of subsection (1) of this section requiring the issuance of a license and a solemnization shall not invalidate any marriage contract in effect prior to January 1, 1996, created by consenting parties through a mutual assumption of marital rights, duties or obligations.
Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. Provided that if the male party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, or if the female party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, the license shall not be issued except upon the consent in writing duly acknowledged and sworn to by the father, mother or guardian of any such person if there be either, and provided further, that no such license may be issued, if the male be under eighteen (18) years of age and the female under eighteen (18) years of age, unless each party to the contract submits to the county recorder his or her original birth certificate, or certified copy thereof or other proof of age acceptable to the county recorder. Provided further, that where the female is under the age of sixteen (16), or the male is under the age of sixteen (16), the license shall not issue except upon the consent in writing duly acknowledged or sworn to by the father, mother or guardian of such person if there be any such, and upon order of the court. Such order shall be secured upon petition of any interested party which petition shall show that the female minor under the age of sixteen (16), or the male minor under the age of sixteen (16), is physically and/or mentally so far developed as to assume full marital and parental duties, and/or that it is to the best interest of society that the marriage be permitted. A hearing shall be had on such petition forthwith or at such time and upon such notice as the court may designate. The judge shall secure from a physician his opinion as an expert as to whether said person is sufficiently developed mentally and physically to assume full marital duties. If said court is satisfied from the evidence that such person is capable of assuming full marital duties and/or that it is to the best interest of society, said court shall make an order to that effect, and a certified copy of said order shall be filed with the county recorder preliminary to the issuance of a marriage license for the marriage of such person and said order of the court shall be the authority for the county recorder to issue such license.
All persons herein authorized to solemnize marriages must first require the presentation of the marriage license and must ascertain and be assured of: 1. The identity of the parties. 2. Their real and full names and places of residence. 3. That they are of sufficient age to be capable of contracting marriage. 4. If either the male or the female is under the age of eighteen (18), the consent of the father, mother or guardian, if any such, is given, or that such underaged person has been previously but is not at the time married; and that the parties applying for the rites of marriage, and making such contract, have a legal right so to do.
No particular form for the ceremony of marriage is required, but the parties must declare, in the presence of the person solemnizing the marriage that they take each other as husband and wife.
The person solemnizing the marriage may administer oaths and examine the parties and witnesses for the purpose of satisfying himself that the contracting parties are qualified under the requirements of this chapter.
When a marriage has been solemnized the person solemnizing the same must give to each of the parties, if required, a certificate thereof.
The person solemnizing a marriage is for such service entitled to receive from the parties married the sum of five dollars ($5.00), but may receive any other or greater sum voluntarily given by the parties to such marriage.
No marriage solemnized by any person professing to be a judge, justice, or minister, is deemed or regarded void, nor is the validity thereof to be in any way affected on account of any want of jurisdiction or authority: provided, it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
The original certificate, and record of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy of such record duly certified by such recorder, must be received in all courts and places as presumptive evidence of the fact of such marriage.
The county recorder of any county in this state shall have authority to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which licenses shall be substantially in the following form: Know all men by this certificate that any regularly ordained minister of the gospel, authorized by the rites and usages of the church or denomination of Christians, Hebrews, or religious body of which he may be a member, or any judge or justice of the peace or competent officer to whom this may come, he not knowing of any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between ...., of .... of the county of ...., and the state of ...., and ...., of .... of the county of ...., state of ...., and to certify the same to said parties, or either of them, under his hand and seal, in his ministerial or official capacity, and thereupon he is required to return his certificate in form following as hereto annexed. In testimony whereof I have hereunto set my hand and affixed the seal of said county, at ...., this .... day of ...., ..... .... Recorder.
The form of certificate annexed to said license, and therein referred to, shall be as follows: I, ...., a ...., residing at ...., in the county of ...., in the state of Idaho, do certify that, in accordance with the authority on me conferred by the above license, I did on this .... day of ...., in the year ...., at ...., in the county of ...., in the state of Idaho, solemnize the rights of matrimony between ...., of ...., in the county of ...., of the state of ...., and ...., of ...., of the county of ...., of the state of ...., in the presence of .... and ..... Witness my hand and seal at the county aforesaid, this .... day of ...., ..... In the presence of ..... .... [Seal] .... The license and certificate, duly executed by the minister or officer who shall have solemnized the marriage authorized, shall be returned by him to the office of the recorder who issued the same, within thirty (30) days from the date of solemnizing the marriage therein authorized; and a neglect to make such return shall be deemed a misdemeanor, and the person whose duty it shall be to make such return, who shall neglect to make such return within the time above specified, shall, upon conviction thereof, be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) to be assessed by any justice of the peace or other court having jurisdiction.
(1) Every county recorder who shall have personal knowledge of the competency of the parties for whose marriage a license is applied for, shall issue such license upon payment or tender to him of his legal fee therefor; and if such recorder does not know of his own knowledge that the parties are competent under the laws of the state to contract matrimony, he shall take the affidavit in writing of the person or persons applying for such license, and of other persons as he may see proper, and of any persons whose testimony may be offered; and if it appears from the affidavit so taken that the parties for whose marriage the license in question is demanded are legally competent to marry, the recorder shall issue such license, and the affidavits so taken shall be his warrant against any fine or forfeiture for issuing such license. Provided, however, that in the event either of the parties for whose marriage the license in question is applied for is under the age of eighteen (18) years, the recorder shall not issue such license except upon compliance with the consent and proof of age requirements set forth in section 32-202, Idaho Code. (2) Every application for a marriage license shall include the social security numbers of the parties applying for the license. (a) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number. (b) An applicant who has not been assigned a social security number shall: (i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and (ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and (iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
The county recorder shall have power to administer all oaths required or provided for in this chapter, and if any person in any such affidavit shall wilfully and corruptly swear falsely to any material fact as to the competency of any person for whose marriage the license in question refers, or concerning the procuring or issuing of which such affidavit may be made, shall be guilty of perjury, and, upon conviction thereof, shall be punished as provided by statute in other cases of perjury.
Any authorized minister or officer to whom any such license, duly issued, may come, not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between them.
If any such minister or officer shall presume to solemnize any marriage between parties without such a license, or with knowledge that either party is legally incompetent to contract matrimony as is provided for by the laws of this state, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than $200.00 before any court having jurisdiction.
The recorder shall record all such returns of marriage licenses in a book to be kept for that purpose, within one (1) month after receiving the same. If any recorder shall neglect or refuse to record within the said time any return to him made, he shall forfeit $100.00, to be recovered, with costs, by any person who will prosecute for the same.
The recorder of each county of this state shall be entitled to a fee as provided by section 31-3205, Idaho Code, for each license issued, which fee he shall demand and receive from the person applying for the same, and he may refuse to issue any such license until such fee is paid to him. Said fee shall include the payment for the service of taking affidavit, filing affidavit and recording the license upon its return from the minister or officer solemnizing the marriage for which it was issued.
The books of marriages and copies of entries therein, certified by the recorder under his official seal, shall be evidence in all courts.
If any person, authorized to solemnize marriage, shall wilfully make a false return of any marriage or pretended marriage to the recorder; or, if the recorder shall wilfully record a false return of any marriage, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100.00, and by imprisonment for not less than three (3) months.
All fines and penalties accruing under the provisions of this chapter shall be paid into the county treasury for the use of the common schools in the county where the offense was committed.
Before any county recorder may issue a marriage license, each male and female applicant therefor shall be provided with a confidential AIDS educational pamphlet prepared by the state department of health and welfare and provided to the county recorder by the department of health and welfare. The educational pamphlet shall contain information describing how AIDS can be contracted, what some of the symptoms of the disease are, what the effects of the disease are, and what can be done to prevent exposure to the disease. Each applicant shall certify to the county recorder that he or she has read the educational pamphlet or has had the educational pamphlet read to them. The confidential questionnaire shall be designed so that an answer to the various questions will indicate to the marriage license applicant his or her potential past exposure to situations, conditions, or procedures that are medically known to have caused AIDS. The questionnaire shall state that the results of the questionnaire are confidential to the applicant, but that if any of the answers indicate that he or she is in the general population at risk for developing AIDS, he or she should contact a physician, or the district health department, or the state department of health and welfare.
Any person who misrepresents any fact required to be stated on the certificate form or other form required by this act, or any licensing officer who issues a marriage license without having received the certificate forms or an order from the court as provided by this chapter, or who has reason to believe that any of the facts thereon have been so misrepresented, and shall nevertheless issue a marriage license, or any person who otherwise fails to comply with the provisions of this act shall be guilty of a misdemeanor.