Indiana Court Records
Indiana Marriage Records
Marriage records in Indiana are available at the County Clerk's Office, where the marriage was recorded. Records typically list the names of the spouses in a marriage, the date and location of the marriage ceremony, and the officiant of the marriage ceremony. Indiana began the official recording of marriage records in 1958, overseen and maintained by the Division Of Vital Records Indiana Department Of Health.
Marriage is the legal union of a couple as a husband and wife, and it outlines the rights and responsibilities of the individuals involved as regulated by law. For a marriage to be legal in Indiana, a married couple must obtain an official marriage certificate and be 18 years or older. Underage individuals intending to get married in Indiana must obtain parental consent or a juvenile court order.
What Types of Marriage Records are available in Indiana?
Public agencies maintain different marriage records in Indiana, including marriage certificates and licenses.
Marriage Certificate: A marriage certificate is a legal document that authenticates the marital status of an individual. Marriage records outline the full names and signatures of spouses, the date a marriage took place, the marriage ceremony's location, and the officiant's name and signature. In Indiana, after a marriage ceremony, the spouses and the officiant fill out the marriage license and return it to the County Clerk's Office for recording. The County Clerk's Office issues a marriage certificate after processing the marriage license.
Marriage License: A marriage license is a legal document that grants couples permission to marry. In Indiana, the County Clerk's offices issue marriage licenses. Indiana state does not recognize marriages conducted without a marriage license. To obtain a marriage license in Indiana, individuals must fulfill the following requirements:
- Intending spouses must be physically present at the County Clerk's Office.
- Couples seeking to be married must be 18 years or older. Persons below 18 years (16 or 17) must seek parental consent or get an order from a juvenile court. In addition, the age difference between an underage and a partner must be at most four years.
- The Parties involved must consent to the marriage.
- Applicants must be of sound mental health when applying for a marriage license.
- Individuals applying for a marriage license must not be in a marriage.
- Out-of-state residents must apply for a marriage license at the County Office where the marriage will take place.
Also, Indiana state does not approve a license if;
- One or both parties are under the influence of alcohol or drug
- Applicants are close blood relatives (they should be no closer than second cousins, except in cases where first cousins are 65 years or over)
- Either of the couple is a lifetime sex or violent offender. There is an exception if such individuals present affidavits of a notice to law enforcement on their intent to marry and the names of their intended.
Are Indiana Marriage Records Public?
Indiana marriage records are public records and, therefore, accessible to the authorized public through the County Clerk's Offices or the Indiana State Library. However, there may be limitations on accessing certain information if:
- The record owner requests confidentiality
- There are legal restrictions on the record
- The information is sensitive or may lead to a breach of privacy
The Indiana Access To Public Records Act (APRA) outlines the guidelines for accessing marriage records and what information is made available to the public in the state. The following conditions apply when accessing marriage records in Indiana:
- Confidential information, including the address of the record owners, may be restricted
- There may be legal restrictions if records are subject to litigation or court order
To access confidential information, a requester must show proof of eligibility (marriage records can only be accessed by authorized individuals). You must also pay the applicable fees to access marriage records in Indiana. The cost of accessing marriage records in Indiana varies across counties. As of January 2022, it costs between $2 and $10 per copy of a marriage record in Indiana. The applicant must also cover the cost of obtaining the marriage record.
How to Find Marriage Records in Indiana
Marriage Records are available at the County Clerk's Office, where the marriage was recorded. To find marriage records, visit the County Clerk's Office in person, call their official phone line, or visit their website for information.
Note that to obtain marriage records in Indiana, you must:
- Provide necessary information that will aid in tracing the record. These include the full name of the couple, the date and location of the marriage
- Prove eligibility by providing ID and stating the need for obtaining the record
- Pay the fees required to access the record (the amount varies across Indiana counties). To get accurate information on cost, contact the County Clerk's Office where the marriage was recorded to know the cost)
- Complete and submit a request form (Indiana State form 54764) to the County Clerk's Office, and
- Wait for processing of the record.
How to Get a Marriage License in Indiana
Unlike a marriage certificate issued after the marriage ceremony, individuals seeking to get married in Indiana must first obtain a marriage license.
To get a marriage license in Indiana, follow the guidelines below.
- Visit the County Clerk's Office - Marriage licenses are available at the various County Clerk's Offices across the state. Couples must be physically present at the County Clerk Office to obtain a marriage license in Indiana
- Provide legally valid identification - Provide valid photos of both parties in addition to acceptable ID (this may be in the form of a driver's license, passport, military ID, or state-issued ID. In addition). In addition, couples must provide their social security numbers.
- Provide parental information that may include the full name of the parents and the mother's maiden name
- Fill out and submit a marriage license application form (state form 54764) provided by the County Clerk's Office
- Pay the required fee (this ranges between $2 and $10).
Note: Indiana has a waiting period between obtaining a marriage license and a marriage ceremony. Waiting periods may vary per county, contact the County Clerk's Office where the marriage ceremony will take place to know how long you may have to wait. Indiana-issued marriage license has a validity period of 60 days from the day of issuance, and the marriage ceremony must take place within this time frame.
In Indiana, marriages in Indiana must be officiated by authorized officiants that include ordained ministers, mayors of cities and towns, judges within the state, and clerks of the circuit courts. Married couples must return the Completed marriage licenses to the County Clerk's Office for recording and issuing of marriage certificates.
Who can obtain Marriage Records in Indiana?
Indiana marriage records are public and require no specific authorization to access under the Indiana Access To Public Records Act (APRA). Basic information such as names of the registrants, date of marriage, and location are accessible. However, detailed records and confidential information may be subject to restrictions and require proof of eligibility to obtain. To demonstrate eligibility to access confidential and detailed information, you need to show:
- Legal representation as an attorney to one of the parties to the marriage
- A court order authorizing access to such records
- Legitimate purpose for accessing such data.
Note that to access non-confidential information in a marriage record, you only need to provide the names of the couples, and the location of the marriage. Requestors must pay the required fees for processing.
Can You Lookup Online Marriage Records For Free in Indiana?
Yes, you may look up online marriage for free in Indiana. However, these records may contain only basic information. Detailed a certified copy of the marriage record involves fee payment. Online Marriage Records may be available through government websites such as the Indiana State Department Of Health Vital Records, and the various County Clerks Offices websites. Also you can access marriage online for free on third-party websites and data banks. Accessing marriage records through third-party online platforms has the following advantages:
- Ease of access - Some third-party platforms have user-friendly interfaces that make it easy to access records
- Centralized information - Third-party platforms offer convincing by gathering multiple records from several sources and centralizing them in one place
- Additional services - Some third-party platforms offer assistance to make it easier to locate marriage records.
Is Indiana a Common Law State for Marriage?
Indiana is not a common law state for marriage. But it generally recognizes common-law marriages entered into from other states. Common-law marriage is a legal framework where couples marry without obtaining a marriage license or participating in a marriage ceremony. In Indiana, for a marriage to be considered legal, couples must obtain a marriage license and participate in a marriage ceremony.