Originally Posted by
Jim M
i saw 36-3-306 when i looked up the statutes the other night, but it doesn't include 36-3-103 License required. 104 is titled Conditions precedent to issuance of license(which discusses the two parties filling out the application with all kinds of information on their persons), 105-107 discusses consent of parents for underage and waiver of underage restrictions, 109 is titled Issuance of license to drunks, insane persons or imbeciles forbidden, and 111 is titled County clerk violating law - penalties.
so let me get this strait...you can be underage, drunk, insane, an imbecile, or the clerk can violate the law and your marriage is still valid; but not obtaining a license will cause your marriage to not be valid. how stupid is that?
or am i misreading part of 36-3-104? the first part states:
(a) No county clerk or deputy clerk shall issue a marriage license until the applicants make an application in writing, stating the names, ages, addresses and social security numbers of both the proposed male and female contracting parties and the names and addresses of the parents, guardian or next of kin of both parties. The application shall be sworn to by both applicants. Should either individual be incarcerated, the inmate shall not be made to appear but shall submit a notarized statement containing the name, age, current address and a name and address of the individual's parents, guardian or next of kin. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the person's name, age, current address and the names and address of the parents, guardian or next of kin.
combined with 306 does that mean failure to obtain a license does not affect the validity? its all sooooo confusing!!!!!!!!!!!
also, in 103 the verbiage is "the parties shall present" does "shall" mean its required or is that some legal mumbo jumbo to coerce people into believing its required?
thanks to all who are helping me wrap my head around this issue!!!