Sec. 11. A clerk of a circuit court may not issue a marriage license if either of the individuals who applies for the license:

(1) has been adjudged to be mentally incompetent unless the clerk finds that the adjudication is no longer in effect;

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Terms Used In Indiana Code 31-11-4-11

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
(2) is under the influence of an alcoholic beverage or a narcotic drug; or

(3) is a lifetime sex or violent offender, unless the individual submits an affidavit stating under the penalties of perjury that the individual has provided written notice of the person’s:

(A) intent to marry; and

(B) intended married name;

to the local law enforcement authority in the county of conviction and in the person’s county of residence.

[Pre-1997 Recodification Citation: 31-7-3-10.]

As added by P.L.1-1997, SEC.3. Amended by P.L.244-2019, SEC.5.