Indiana Marriage Laws | § 31-11-4-17 | Failure To File Marriage Certificates And Marriage Licenses; Declaratory Order Upon Proof Of Marriage; Legal Effect; Recording Requirements Marriage Laws

Indiana Code 31-11-4-17

Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

(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.

As added by P.L.1-1997, SEC.3. ; Amended by HB1013 April 2023

Back to Indiana Marriage Laws

More Indiana Marriage Laws

§ 31-11-6-1 Persons authorized to solemnize marriages
§ 31-11-11-1 False information in marriage license application
§ 31-11-4-15 Marriage certificates
§ 31-11-9-3 Fraud
§ 31-11-11-3 False information concerning applicant's physical condition
§ 31-11-10-1 Action by party incapable of contracting marriage because of age or mental incompetence
§ 31-11-1-1 Same sex marriages prohibited
§ 31-11-1-2 Marriage to close relative prohibited; marriages between cousins; exceptions
§ 31-11-1-3 Bigamous marriages prohibited
§ 31-11-1-4 Minimum age for marriage
§ 31-11-1-5 Consent to underage marriage
§ 31-11-4-1 Marriage license required to marry
§ 31-11-4-3 County of residence or solemnization; place to obtain license
§ 31-11-4-2 Prerequisites for issuance of marriage license
§ 31-11-4-6 Proof of birth date
§ 31-11-4-7 Birth date information required for issuance of marriage license
§ 31-11-4-9 Expiration of application
§ 31-11-4-10 Expiration of license
§ 31-11-4-11 Conditions precluding issuance of marriage license
§ 31-11-4-13 Duty to present marriage license to individual authorized to solemnize marriages
§ 31-11-4-14 Marriage license as authorization of solemnization of marriage
§ 31-11-4-19 Public inspection of statistical data from marriage records
§ 31-11-8-1 Marriages void without legal proceedings
§ 31-11-8-2 Prior existing marriage
§ 31-11-8-3 Marriage to close relative; marriages between cousins; exceptions
§ 31-11-8-4 Mentally incompetent persons
§ 31-11-8-5 Common law marriages entered into after January 1, 1958
§ 31-11-8-6 Foreign marriage solemnized between Indiana residents to evade Indiana law
§ 31-11-9-1 Actions to annul voidable marriages
§ 31-11-9-2 Incapacity to marry because of age or mental incompetence
§ 31-11-11-5 Solemnization of marriage in violation of this article
§ 31-11-11-6 Attempt to solemnize marriage by person not authorized to solemnize marriages
§ 31-11-11-7 Solemnization of marriage between persons prohibited from marrying
§ 31-11-11-8 Failure to timely file marriage license and duplicate marriage certificate
§ 31-11-4-0.3 Legalization of court orders relating to certain marriages; issuance of duplicate license; state department of health shall accept order
§ 31-11-4-5 Distribution of information concerning serious communicable diseases that are sexually transmitted
§ 31-11-4-18 Records of marriage; paper or electronic forms; index
§ 31-11-1-7 Petition for marriage of individual 16 or 17 years of age; evidentiary hearing; emancipation
§ 31-11-4-0.2 Effect of enactment of prior law
§ 31-11-4-0.4 Legalization of certain marriage licenses issued after August 31, 1984, and before April 16, 1985
§ 31-11-4-4 Application; sexually transmitted diseases acknowledgment; lifetime sex or violent offender; religious objections
§ 31-11-4-12 Refusal to issue marriage license; notice; hearing; finding; costs
§ 31-11-8-0.3 Legalization of certain marriages between first cousins
§ 31-11-11-4 Acceptance of false information concerning applicant's physical condition
§ 31-11-4-16 Completion, disposition, filing, and recording of marriage certificates and marriage licenses
§ 31-11-4-17 Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements