Indiana Code 31-11-4-17. Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements
(1) appropriately complete the certificate of marriage; or
Terms Used In Indiana Code 31-11-4-17
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.]
As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.257.