Utah Marriage Laws | § 81-2-302

Utah Code 81-2-302

Marriage licenses -- Use within state -- Expiration.

§81-2-302 Marriage licenses -- Use within state -- Expiration. [Section 30-1-7 Renumbered]

(1) A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state.

(2) (a) A license issued within this state by a county clerk may only be used within this state.

(b) A license is considered used within this state if the officiant is physically present in the state at the time of solemnization of the marriage.

c) A license is not considered used within this state when the parties to the marriage are not physically present in the state in the same location as the officiant, unless:

(i) the county issuing the marriage license posts on the county's website, in writing, a sufficient warning that an online marriage solemnized in this state may be invalid in the country where the parties to the marriage reside; and

(ii) the officiant reiterates the warning described in Subsection (2)(c)(i) verbatim immediately before solemnizing the marriage.

(3) A warning described in Subsection (2)(c)(i) is considered sufficient if the warning:

(a) appears prominently on the county's website and in the same location on the website as an application for a marriage license;

(b) is in bold type of the same or larger font size as the text of the instructions for applying for a marriage license; and

(c) is stated in full in at least English, Spanish, Portuguese, Tagalog, French, and Mandarin Chinese on the website.

(4) A marriage is considered solemnized if:

(a) the parties to the marriage have a valid marriage license;

(b) each party to the marriage willingly, and without duress, declares their intent to enter into the marriage;

(c) each party to the marriage has filed all required affidavits with the county clerk that issued the marriage license as required under Subsection 81-2-303(5)(a);;

(d) an officiant pronounces the parties as married; and

(e) at least two individuals 18 years old or older witness the declarations of intent and the pronouncement.

(5) A license that is not used within 32 days after the day on which the license is issued is invalid.

[EFF 05/06/26]

Amended by Chapter 289, 2004 General Session; Amended by Chapter 305, 2021 General Session; Amended by Chapter 424, 2024 General Session; Renumbered and Amended by Chapter 366, 2024 General Session; EFF 05/06/26 SB257

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§ 81-2-202 Premarital counseling or education -- State policy -- Applicability.
§ 81-1-101 Definitions for title.
§ 76-7-108 Fraudulently acting as a parent or guardian for a minor's marriage.
§ 81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
§ 81-2-302 Marriage licenses -- Use within state -- Expiration.
§ 76-7-105 Unlawfully marrying a minor
§ 76-7-106 Parent or guardian unlawfully consenting or allowing an illegal 104 marriage
§ 76-7-107 Unlawfully solemnizing a marriage of a minor.
§ 76-7-109 Transporting a minor out of state for an illegal marriage.
§ 76-7-110 Traveling out of state to marry a minor.
§ 81-2-407 Validity of foreign marriages -- Exceptions.
§ 30-1-2.2 [Repealed] Validation of interracial marriages.
§ 81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
§ 81-2-102 Marriage recognition policy.
§ 81-2-402 Incestuous marriages void.
§ 81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
§ 81-2-303 Application for license -- Contents
§ 81-2-305 Who may solemnize marriages -- Certificate.
§ 30-1-11 [Repealed] Return of license after ceremony -- Penalty for failure to return -- Criminal penalty for false statement.
§ 81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
§ 30-1-17.2 [Repealed] Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
§ 30-1-17.3 [Repealed] Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
§ 30-1-5 [Repealed] Marriage solemnization -- Before unauthorized person -- Validity.
§ 81-2-406 Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
§ 30-1-3 [Superseded] Marriage in belief of death or divorce of former spouse -- Issue legitimate.
§ 81-2-403 Marriages prohibited and void.
§ 81-2-404 Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
§ 81-4-102 Action for annulment or divorce as alternative relief.
§ 81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
§ 30-1-9.1 [Repealed] Parental consent to prohibited marriage of minor -- Penalty.
§ 30-1-13 [ Repealed ] Solemnization without license -- Penalty.
§ 81-2-306 County clerk to file license and certificate -- Designation as vital record.
§ 30-1-15 [Repealed] Solemnization of prohibited marriage -- Penalty.
§ 30-1-16 [ Repealed] Misconduct of county clerk -- Penalty.
§ 81-4-302 Annulment -- Grounds.
§ 81-2-204 Master plan for counseling.
§ 30-1-14 [ Repealed ] Acting without authority -- Penalty.
§ 81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
§ 81-2-206 Completion of counseling or education.
§ 81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
§ 81-2-201 Definitions for part. (Premarital Counseling)
§ 81-2-208 Confidentiality of information obtained under counseling provisions.
§ 81-2-209 Fee for counseling.
§ 81-2-409 Legal recognition of a child when marriage is void.
§ 81-2-401 Definitions for part.
§ 81-2-301 Definitions for part.
§ 30-1-10 [Repealed] Affidavit before the clerk -- Penalty.
§ Utah Const. art. I, § 29 Marriage