Divorce is one of the most common issues in family law cases, but the obvious prerequisite that must exist before a couple can petition to dissolve their union is the existence of a legal marriage. Most people take the ability to get married for granted, and need only follow the simple process of obtaining a marriage license from a courthouse and then finding a government or religious official authorized by the State to solemnize marriages to officiate the ceremony.
For most people, the process really is that simple, but there are laws about who can legally marry in Indiana that are worth considering. Defining legal marriage is especially relevant today as same-sex couples continue to challenge officials that resist issuing their marriage licenses. Recent news articles highlight ongoing battles between same-sex couples and government officials over marriage licenses in a number of States, including Kentucky, North Carolina, Texas and Alabama. In order to better understand the approach Indiana takes to the issue of marriage in general, a review of the basic requirements to marry and marriages prohibited under Indiana law will appear below.
Basic Requirements to Marry
As a baseline, each person wanting to marry must be at least 18 years old. It is, however, possible for individuals less than 18 years of age to marry if they have parental consent. Specifically, if each person is 17 years old and both parents indicate consent to the marriage on the license application, an official may issue a license provided there is not another reason the marriage is unlawful. Court approval, in addition to parental consent, is required for marriage involving anyone less than 17, and 15 is the absolute minimum age a person must be for the court to consider a marriage petition. Additionally, the couple must have or be expecting a child together and demonstrate a desire to marry. It is worth noting that parental consent may not be necessary if a court, after looking at all the facts, determines it is in the best interests of the parties to allow the marriage.
In addition to age requirements, a circuit court clerk is not permitted to issue a marriage license if either person appears to be under the influence of alcohol or drugs or if someone is mentally incompetent, as determined by a court at the time an application is filed. Finally, Indiana residents must apply for a marriage license in the county of residence for either person, and for non-residents, the application is filed in the county where the marriage will take place.
Prohibited Marriages
There are two ways a marriage will be considered invalid – it can be void or voidable. Void marriages are never valid from the start and can never be saved. These marriages are invalid regardless of whether a declaration of invalidity is issued in a legal proceeding. Voidable marriages, on the other hand, appear to be valid at the outset but are later found to be invalid. Voidable marriages may be saved. This discussion will be limited to those situations that create a void marriage.
Indiana law prohibits marriages under several different circumstances. These include:
- Bigamous marriages, or marriage to a person while another spouse is still alive;
- Marriage to close relatives. Specifically, a couple cannot marry if they are related as second cousins or closer. However, there is an exception for marriages between first cousins if both individuals are at least 65 years old at the time of the marriage;
- Marriage to a person who was mentally incompetent at time it was solemnized;
- Common law marriages after 1958; and
- Indiana residents who marry in other states solely to evade state marriage regulations related to sexual transmitted diseases and incompetency at the time of the ceremony.
Find an Attorney
If you have concerns about the validity of your marriage, it is important to talk with an experienced family law attorney who can counsel you on your legal options. Christopher L. Arrington, Attorney at Law, P.C., serves the Indianapolis area and offers legal representation for family law matters. Contact him today for an appointment.