Getting Married in Indiana: Legal Requirements and Considerations
Getting married in Indiana requires obtaining a marriage license from a county clerk's office, which is valid for 60 days and costs between $18-$60 depending on residency status. Both parties must appear in person with valid identification, and there is no waiting period for Indiana residents, though out-of-state couples face a 3-day wait.
Marriage is a legal contract that affects property rights, tax status, and potential future inheritance claims, so understanding Indiana's specific requirements is essential before your wedding day. Failure to comply with state requirements could result in complications with the validity of your marriage.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Indiana Marriage License Requirements
In Indiana, couples must obtain a marriage license before getting married. Both parties must appear in person at the clerk's office, provide valid identification, and pay the required fee (typically $18-$60 depending on residency). The license is valid for 60 days after issuance and there is no waiting period.
Indiana Residency Requirements for Marriage
Indiana does not require couples to be residents of the state to get married there. However, the marriage license must be obtained in the county where the marriage ceremony will take place.
Age Requirements for Marriage in Indiana
In Indiana, individuals must be at least 18 years old to marry without parental consent. Those who are 16 or 17 may marry with parental consent and judicial approval. Indiana law prohibits marriage for anyone under 16 years of age.
Indiana Marriage Ceremony Requirements
Indiana law requires that marriages be solemnized by an authorized person, including clergy, judges, mayors, or certain court officials. The state also recognizes self-uniting marriages for religious groups like Quakers. The ceremony must include a declaration by both parties that they take each other as husband and wife/spouses.
Name Change After Marriage in Indiana
Indiana allows individuals to change their last name after marriage by using their marriage certificate as legal documentation. This can be used to update identification documents like driver's licenses and Social Security cards without going through a separate court process.
Regional Variances
Marriage License Requirements in Indiana
In Marion County (Indianapolis), couples must apply for their marriage license at the Marion County Clerk's Office. They offer both in-person and online application options. The marriage license fee is $18 for Indiana residents and $60 for out-of-state residents. The license is valid for 60 days after issuance.
Lake County requires both parties to appear in person at the Clerk's Office to apply for a marriage license. They do not offer online applications. The fee structure is the same as other counties ($18 for residents, $60 for non-residents), but they only accept cash payments, unlike some other counties that accept credit cards.
In Allen County (Fort Wayne), couples can begin their marriage license application online but must complete it in person. They have a unique requirement that couples must schedule an appointment to finalize their license application, which is not required in many other counties.
Monroe County (Bloomington) has specific hours for marriage license applications (typically 8:00 AM to 3:30 PM Monday through Friday), which are more limited than some other counties. They also require proof of dissolution of all previous marriages, which must be certified copies rather than photocopies.
In Vanderburgh County (Evansville), couples can apply for marriage licenses at the County Clerk's office with slightly different documentation requirements. They specifically require government-issued photo ID (not just any photo ID) and have stricter proof of residency requirements than some other counties.
Waiting Periods and Blood Tests
Indiana has no waiting period between obtaining a marriage license and getting married, unlike some neighboring states. Additionally, Indiana does not require blood tests for marriage licenses, which was once common in many jurisdictions.
Same-Sex Marriage Policies
Same-sex marriage is legal throughout Indiana following the 2015 Supreme Court decision in Obergefell v. Hodges. However, some counties may have individual clerks who have historically sought religious exemptions from issuing licenses to same-sex couples, though legally they are required to issue them.
Officiants and Ceremony Requirements
Indiana law recognizes marriages performed by various officials including clergy, judges, mayors, and certain court clerks. Self-uniting or self-solemnizing marriages (without an officiant) are not recognized in Indiana, unlike in some other states.
Tippecanoe County (Lafayette) has specific local rules regarding courthouse weddings. They only offer civil ceremonies on certain days of the week (typically Wednesdays and Fridays) and require advance scheduling, which differs from the more flexible scheduling in some other counties.
St. Joseph County (South Bend) has unique local practices regarding marriage ceremonies performed by judges. They maintain a rotating schedule of judges who perform ceremonies, and couples need to check the specific schedule rather than being able to request a specific judge, which differs from practices in some other counties.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Indiana, both parties must appear together at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, or state ID), and know your Social Security numbers. The license fee is typically $18 for Indiana residents and $60 for non-residents. The license is valid for 60 days from issuance and there is a 1-day waiting period after application before the ceremony can take place.
Complete Marriage License Application
30-60 days before wedding days after startingFill out the marriage license application form with personal information for both parties including full legal names, dates of birth, current addresses, parents' full names and birthplaces, and information about previous marriages if applicable.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In Indiana, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Indiana law.
Research Name Change Options
60 days before wedding days after startingDecide if either party will change their name after marriage. In Indiana, you can use your marriage certificate as proof of name change for Social Security, BMV, passport, etc. Research the process and requirements for each entity where you'll need to update your name.
Prepare Name Change Application
30 days after wedding days after startingIf either party plans to change their name, prepare the necessary application forms. In Indiana, you'll need to update your name with Social Security first, then with the BMV and other institutions. The marriage certificate serves as the legal basis for the name change.
Update or Create a Will
60 days after wedding days after startingMarriage automatically revokes a previously existing will in Indiana unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included according to your wishes. Indiana law provides that a surviving spouse is entitled to at least one-third of the deceased spouse's estate regardless of what a will says.
Create a Healthcare Power of Attorney
60 days after wedding days after startingIn Indiana, a Healthcare Power of Attorney allows you to designate your spouse (or another person) to make medical decisions on your behalf if you become incapacitated. This document must be signed in the presence of two witnesses or notarized to be valid under Indiana law.
Establish a Durable Power of Attorney
60 days after wedding days after startingA Durable Power of Attorney allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become unable to do so. In Indiana, this document must be notarized to be valid and should clearly state that it remains in effect if you become incapacitated.
Update Beneficiary Designations
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change beneficiary designations in Indiana, so you must update these forms individually with each financial institution or employer.
Establish Joint Financial Accounts
30-60 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution(s) together with proper identification to complete the necessary paperwork. In Indiana, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In Indiana, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or your insurance provider to understand the specific process and documentation required.
Update Tax Filing Status
By next tax filing deadline days after startingDetermine whether to file taxes jointly or separately after marriage. For the tax year in which you get married, you'll have the option to file jointly even if you were married on December 31st of that year. Research the tax implications of each filing status based on your specific financial situation.
Update Address and Emergency Contact Information
30 days after wedding days after startingIf either spouse is relocating, update your address with the postal service, employers, financial institutions, and government agencies. Also update emergency contact information with employers, doctors, and other relevant parties to include your spouse.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | In Indiana, both parties must appear together at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, or state ID), and know your Social Security numbers. The license fee is typically $18 for Indiana residents and $60 for non-residents. The license is valid for 60 days from issuance and there is a 1-day waiting period after application before the ceremony can take place. | - | 30-60 days before wedding |
Complete Marriage License Application | Fill out the marriage license application form with personal information for both parties including full legal names, dates of birth, current addresses, parents' full names and birthplaces, and information about previous marriages if applicable. | Marriage License Application | 30-60 days before wedding |
Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In Indiana, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Indiana law. | Prenuptial Agreement | 90-120 days before wedding |
Research Name Change Options | Decide if either party will change their name after marriage. In Indiana, you can use your marriage certificate as proof of name change for Social Security, BMV, passport, etc. Research the process and requirements for each entity where you'll need to update your name. | - | 60 days before wedding |
Prepare Name Change Application | If either party plans to change their name, prepare the necessary application forms. In Indiana, you'll need to update your name with Social Security first, then with the BMV and other institutions. The marriage certificate serves as the legal basis for the name change. | Name Change Application | 30 days after wedding |
Update or Create a Will | Marriage automatically revokes a previously existing will in Indiana unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included according to your wishes. Indiana law provides that a surviving spouse is entitled to at least one-third of the deceased spouse's estate regardless of what a will says. | Updated Will | 60 days after wedding |
Create a Healthcare Power of Attorney | In Indiana, a Healthcare Power of Attorney allows you to designate your spouse (or another person) to make medical decisions on your behalf if you become incapacitated. This document must be signed in the presence of two witnesses or notarized to be valid under Indiana law. | Healthcare Power of Attorney | 60 days after wedding |
Establish a Durable Power of Attorney | A Durable Power of Attorney allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become unable to do so. In Indiana, this document must be notarized to be valid and should clearly state that it remains in effect if you become incapacitated. | Durable Power of Attorney | 60 days after wedding |
Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change beneficiary designations in Indiana, so you must update these forms individually with each financial institution or employer. | Beneficiary Designation Forms | 30 days after wedding |
Establish Joint Financial Accounts | Decide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution(s) together with proper identification to complete the necessary paperwork. In Indiana, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. | Joint Bank Account Application | 30-60 days after wedding |
Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In Indiana, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or your insurance provider to understand the specific process and documentation required. | Health Insurance Coverage Change Form | 30 days after wedding |
Update Tax Filing Status | Determine whether to file taxes jointly or separately after marriage. For the tax year in which you get married, you'll have the option to file jointly even if you were married on December 31st of that year. Research the tax implications of each filing status based on your specific financial situation. | - | By next tax filing deadline |
Update Address and Emergency Contact Information | If either spouse is relocating, update your address with the postal service, employers, financial institutions, and government agencies. Also update emergency contact information with employers, doctors, and other relevant parties to include your spouse. | - | 30 days after wedding |
Frequently Asked Questions
In Indiana, you must be at least 18 years old to marry without parental consent (17 with parental consent). Both parties must apply for a marriage license in person at a county clerk's office, provide valid identification (driver's license, passport, or state ID), and pay the license fee (typically $18-$60 depending on residency). The license is valid for 60 days after issuance, and your ceremony must take place within that timeframe. Indiana does not require blood tests or waiting periods for marriage licenses.
You should apply for your Indiana marriage license no more than 60 days before your wedding, as the license is only valid for 60 days from the date of issuance. However, don't wait until the last minute either - allow at least a few days to process the paperwork. There is no waiting period in Indiana, so you can get married the same day you receive your license if you wish.
In Indiana, marriages may be solemnized by: clergy or religious leaders of any faith; judges (current or retired); mayors; clerk or clerk-treasurer of a city or town; and certain elected officials including members of the Indiana General Assembly. Indiana also allows for a one-day officiant authorization that permits a friend or family member to perform your ceremony. This requires filing an additional form with the clerk's office.
No, Indiana does not recognize common law marriages established within the state after January 1, 1958. However, Indiana will recognize valid common law marriages that were established in other states that do recognize such marriages. If you're currently in a long-term relationship without a formal marriage in Indiana, you do not have the legal protections of marriage regardless of how long you've been together.
Indiana is not a community property state; it follows equitable distribution laws. This means that property acquired during marriage isn't automatically considered jointly owned 50/50. However, in the event of divorce, courts will divide marital property (assets acquired during marriage) in a way deemed fair, though not necessarily equal. Property owned before marriage typically remains separate property, but can become commingled if not kept distinct. If you have significant assets, consider a prenuptial agreement to clearly define property rights.
Name changes after marriage are optional in Indiana, not mandatory. If you choose to change your name, your marriage certificate serves as the legal document needed to update your identification. You'll need to update your Social Security card first, then your driver's license at the BMV, and finally other documents like passports, bank accounts, etc. Both spouses have the option to take the other's surname, hyphenate surnames, or keep their original names.
Yes, prenuptial agreements (also called premarital agreements) are generally enforceable in Indiana if they meet certain requirements. The agreement must be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. Indiana courts may not enforce provisions that were unconscionable when signed or that relate to child custody or support. For a prenup to be valid, both parties should have independent legal counsel, and the agreement should be signed well before the wedding (not days before).
When you marry, your tax filing status will change. Indiana residents file state taxes using the same filing status as their federal return (married filing jointly or married filing separately). Marriage can create a 'marriage penalty' or 'marriage bonus' depending on your incomes. If both spouses earn similar high incomes, you might pay more tax filing jointly than you would as singles. However, if one spouse earns significantly more than the other, you might pay less tax. Consult with a tax professional to understand your specific situation.
Marriage is considered a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. You typically have 30 days after your wedding to add your spouse to your employer-sponsored health plan. If both spouses have employer coverage, you'll need to decide whether to maintain separate policies or join one plan. Compare costs, coverage networks, and benefits carefully. Some employers charge more for spousal coverage if the spouse has access to their own employer-sponsored insurance.
In Indiana, spouses are considered next of kin and can make medical decisions if the other becomes incapacitated without advance directives in place. However, it's still highly recommended that all married couples create advance healthcare directives, including a healthcare power of attorney specifically designating your spouse as your agent. This prevents any potential disputes with other family members during medical emergencies. Marriage also grants hospital visitation rights and the ability to access protected health information under HIPAA.