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Indiana Code Title 31. Family Law and Juvenile Law § 31-11-4-17

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 17. (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.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-11-4-17 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-11-4-17/

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