Planning to get married in Indiana? Good news — the process is pretty straightforward. But there are rules you need to know before you show up at the courthouse.
Indiana has specific laws about who can marry, how to get a license, and what happens if you break the rules. This guide breaks it all down in plain English.
What Is a Legal Marriage in Indiana?
A legal marriage in Indiana is a formal union between two people. It requires a valid marriage license. It also requires a ceremony performed by someone authorized by the state.
Pretty simple, right? But the details matter a lot.
Indiana law covers everything from age requirements to who can legally perform your ceremony. Getting any of it wrong can cause serious problems. So let’s walk through it step by step.
Who Can Get Married in Indiana?
The Age Requirement
Indiana’s basic rule is clear. You must be at least 18 years old to get married without anyone’s permission. If you’re 18 or older, you’re good to go.
Wondering about younger applicants? Indiana does allow some people under 18 to marry, but the rules are strict.
If you are 16 or 17, you need both parental consent and approval from a juvenile court judge. The court will only approve the marriage if it decides it is in your best interest. You also cannot marry someone more than four years older than you. On top of that, you must wait at least 15 days after the court order before applying for a license.
Anyone under 16 cannot legally marry in Indiana. Full stop.
Indiana updated these rules in 2020. Before that, the minimum age was 15 with simple parental consent. Lawmakers tightened the requirements to protect minors from abuse.
Who You Cannot Marry
Indiana law also limits who you can marry. These restrictions exist for good reasons.
You cannot marry a close relative. Specifically, you cannot marry anyone more closely related to you than a second cousin. There is one narrow exception: first cousins may marry if both are at least 65 years old.
You also cannot marry someone who is already married. That brings us to the next important rule.
The No-Bigamy Rule
Okay, pause. Read this carefully.
If you are already legally married and you get married again without divorcing first, that is bigamy. Bigamy is a serious crime in Indiana. It is classified as a Level 6 felony.
The penalty for bigamy can include six months to two and a half years in prison. You could also face fines up to $10,000.
Think of it like this: Indiana takes the one-spouse-at-a-time rule very seriously. The second marriage is also considered completely void under the law.
The only defense available is if you genuinely and reasonably believed you were eligible to remarry. For example, if you were wrongly told your spouse had died. But that is a very narrow defense. Do not count on it.
No Common Law Marriage in Indiana
Here is something that surprises a lot of people. Indiana does not recognize common law marriage.
It does not matter if you have lived together for 5, 10, or 50 years. Indiana abolished common law marriage back in 1958. Unless you went through a legal ceremony and got a license, you are not legally married in Indiana.
Many people assume that “living together long enough” eventually creates a marriage. It does not. Not in Indiana.
If you built a life with someone and want legal protections, you will need to get formally married. Or you can set up legal documents like a cohabitation agreement, a will, or a power of attorney.
Same-Sex Marriage in Indiana
Same-sex marriage is fully legal in Indiana. The U.S. Supreme Court made it the law of the land in 2015 through the Obergefell v. Hodges ruling.
Same-sex couples apply for a marriage license under the exact same rules as opposite-sex couples. There is no difference in the process or the rights you receive.
How to Get a Marriage License in Indiana
Where to Apply
Both of you need to show up in person at the County Clerk’s Office. You cannot send someone else. You cannot apply online alone.
If one of you lives in Indiana, go to the clerk’s office in your county of residence. If neither of you lives in Indiana, apply in the county where the ceremony will take place.
What to Bring
You need to bring one of these forms of ID:
- A valid driver’s license or state-issued ID
- A current passport
- A certified copy of your birth certificate
- A military ID
You will also need to provide your Social Security number. Some counties may ask for your Social Security card, but most just need the number itself.
If either of you was married before, be ready. You will need to provide the date your previous marriage ended. Some counties also require a copy of your divorce decree or a death certificate if your previous spouse passed away.
You will also need to provide your parents’ full names and their birthplaces. This information goes into Indiana’s genealogical records by law.
The Fees
The marriage license fee depends on where you live. If at least one of you is an Indiana resident, the fee is $25. If both of you are from out of state, the fee is $65. Some counties also charge an extra $4 document fee.
Most county offices only accept cash or money orders. Check ahead of time so you are not caught off guard.
How Long Is the License Valid?
Your marriage license is valid for 60 days from the date it is issued. You can actually get married the same day you receive it. There is no waiting period in Indiana.
If you do not get married within those 60 days, the license expires. You would need to apply and pay for a new one.
After the ceremony, your officiant must file the license with the county clerk’s office within 30 days. Make sure your officiant knows this. It is their legal responsibility.
Who Can Perform the Ceremony?
Hold on, this part is important.
Not just anyone can legally marry you in Indiana. The state has a specific list of authorized officiants.
Eligible officiants include members of the clergy such as ministers, priests, bishops, rabbis, and imams. Judges can also officiate, as can magistrates, mayors (within their own county), and clerks or deputy clerks of the circuit court.
Indiana does not allow self-uniting marriages. Unlike some states, you cannot simply declare yourselves married without an authorized officiant present.
Penalties for Breaking the Rules
So what happens if someone breaks Indiana’s marriage laws? The consequences are real.
Lying on a marriage license application is a Level 6 felony. That means up to two and a half years in prison and fines of up to $10,000. This applies to anyone who knowingly gives false information to the county clerk.
If an officiant knowingly performs a marriage between two people who are legally prohibited from marrying, that is a Class B misdemeanor. The penalty can include up to 180 days in jail and fines up to $1,000.
An officiant who fails to file the marriage license and certificate with the clerk within 90 days can also face a Class C infraction.
Honestly, these penalties are there to protect people. The rules exist to keep marriages valid and to protect individuals from fraud and harm.
Special Circumstances
Lifetime Sex Offenders
If either applicant is a lifetime sex or violent offender, there is an extra step. That person must submit a signed affidavit stating they have notified local law enforcement of their intent to marry and their intended married name. Failure to do this will result in the license being denied.
Mental Competency
A marriage license will not be issued if either applicant has been legally declared mentally incompetent, unless that ruling is no longer active.
Intoxication
This one is also worth noting. A clerk cannot issue a license if either applicant appears to be under the influence of alcohol or drugs at the time of application.
How to Change Your Name After Marriage
Getting married does not automatically change your name. You have to do that yourself.
Your marriage certificate serves as your legal proof for name change purposes. Start with the Social Security Administration first. Then update your driver’s license at the BMV. After that, update your passport and any other accounts or documents.
The order matters. Most agencies require an updated Social Security record before they will process other changes.
Frequently Asked Questions
Is there a waiting period to get married after getting the license in Indiana? No. Indiana has no mandatory waiting period. You can get married the same day you receive your license.
Does Indiana recognize marriages from other states? Yes. Indiana generally recognizes marriages that were legally performed in other states, including same-sex marriages performed before the 2015 Supreme Court ruling.
Can first cousins get married in Indiana? Only if both are at least 65 years old. Otherwise, first cousin marriages are not permitted under Indiana law.
What if I was previously married? Do I need to do anything extra? Yes. You need to provide the date your previous marriage legally ended. Some counties require a copy of your divorce decree or, if widowed, a death certificate.
Can an online-ordained minister legally marry someone in Indiana? Yes, in most cases. Indiana law allows any member of the clergy of a religious organization to solemnize a marriage. Many online ordinations qualify, but it is a good idea to check with your county clerk beforehand.
Final Thoughts
Indiana’s marriage laws are actually pretty easy to follow once you know them. Get your ID together, head to your county clerk’s office with your partner, pay the fee, and pick up your license. From there, find an authorized officiant and get the ceremony done within 60 days.
The most important things to remember: you must be at least 18, you cannot be already married to someone else, and you cannot marry a close relative. Lie on your application and you could face felony charges. Common law marriage is not recognized here, no matter how long you have been together.
Now you know exactly what to expect. When in doubt, contact your local county clerk’s office directly. They can answer questions specific to your county’s process. And if your situation involves a minor or any legal complexity, talk to a family law attorney first.
