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Marion Co. Clerk's Office Same-Sex Marriage FAQ - Family Law News

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Family Law News

Posted on: Oct 15, 2014

Check out the FAQ below from the Marion County Clerk's Office for helpful information regarding same-sex marriage: 

Same-Sex Marriage FAQ
1. My spouse and I obtained a marriage license, solemnized our vows, and returned our
marriage records to the Clerk’s Office within the 2 ½ day time frame (June 25–27) same-sex marriages were first allowed in Indiana. Is our marriage legal?

Yes! The Marion County Clerk’s Office was prepared for marriage equality in June and all
partners who married and returned their paperwork during the “June window,” had their
paperwork officially recorded by the Clerk’s Office.

2. My spouse and I obtained a marriage license, solemnized our vows, but returned our marriage records after June 25–27. Is our marriage legal?
It depends. All couples, same- and opposite-sex, have 30 days to return their marriage record to the Clerk’s Office. If you returned your marriage record within 30 days of your ceremony, our office stamped it with a date and marked it as “returned not filed.” After the Supreme Court of the United States denied certiorari (i.e., didn’t take up Indiana’s case to deny same-sex marriages) on October 6, our office finished processing the paperwork. Couples who waited longer than 30 days to return their marriage record likely invalidated their marriage license and need to re-apply.

3. My spouse and I obtained a license but did not solemnize our vows or return our marriage record during the timeframe of June 25–27. Can we use this license to get married now?
Under Indiana law, marriage licenses are only valid for 60 days. A couple who waited longer than
60 days to solemnize their marriage should reapply for a new license.

4. Can I get a refund for an expired marriage license?
No. As policy for all couples, the Clerk’s Office does not issue refunds.

5. The marriage license I received reads, “bride” and “groom.” Can I get a new license that more accurately reflects my marital status?
The marriage licenses issued before the State of Indiana updated its online marriage application
portal to read, “Applicant 1” and “Applicant 2” are legal, even for same-sex couples. If, for personal reasons, you want a copy that reads “Applicant 1” and “Applicant 2” you can use this order form
to request a certified copy of your marriage license for $2.

6. Are my spouse and I now allowed to jointly file our State taxes?
As a county agency, we cannot answer questions about what a state agency may or may not do.
Questions about things other than marriage licenses should be directed to the relevant agency.

Original FAQ can be viewed as a PDF here.


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