Refusal to issue marriage license; notice; hearing; finding; costs
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.
As added by P.L.1-1997, SEC.3.
Last modified: May 24, 2006