Sec. 12. (a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall:
(1) certify the refusal to the circuit court; and
(2) notify the individuals of the clerk's actions.
(b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final.
(c) The clerk of the circuit court shall:
(1) issue; or
(2) refuse to issue;
a marriage license in conformance with the court's order.
(d) The individuals who intend to marry are not liable for costs for any actions taken under this section.
[Pre-1997 Recodification Citation: 31-7-3-11.]
As added by P.L.1-1997, SEC.3.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 11. Family Law: Marriage
Chapter 4. Marriage Licenses and Certificates
31-11-4-0.2. Effect of Enactment of Prior Law
31-11-4-1. Marriage License Required to Marry
31-11-4-2. Prerequisites for Issuance of Marriage License
31-11-4-3. County of Residence or Solemnization; Place to Obtain License
31-11-4-6. Proof of Birth Date
31-11-4-7. Birth Date Information Required for Issuance of Marriage License
31-11-4-9. Expiration of Application
31-11-4-10. Expiration of License
31-11-4-11. Conditions Precluding Issuance of Marriage License
31-11-4-12. Refusal to Issue Marriage License; Notice; Hearing; Finding; Costs
31-11-4-13. Duty to Present Marriage License to Individual Authorized to Solemnize Marriages
31-11-4-14. Marriage License as Authorization of Solemnization of Marriage
31-11-4-15. Marriage Certificates
31-11-4-18. Records of Marriage; Paper or Electronic Forms; Index
31-11-4-19. Public Inspection of Statistical Data From Marriage Records