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Title 43. Marriage and Family.

Superseded Effective November 01,1998

§7. Performance or Solemnization of Marriages-Witnesses

A. All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court of record in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age. The preacher, minister, priest, rabbi or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he resides, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. The preacher, minister, priest, rabbi or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he is a resident, shall have filed once, in the office of the court clerk of the county in which he intends to perform or solemnize a marriage, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. Such filing by resident or nonresident preachers, ministers, priests, rabbis or ecclesiastical dignitaries shall be effective in and for all counties of this state; provided, that no fee shall be charged for such recording; but no person herein authorized to perform or solemnize the marriage ceremony shall do so unless the license issued therefor be first delivered into his possession nor unless he has good reason to believe the persons presenting themselves before him for marriage are the identical persons named in the license, and for whose marriage the same was issued, and that there is no legal objection or impediment to such marriage.

B. Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha'Is, or the Church of Jesus Christ of Latter Day Saints, which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church or assembly.

Amended by Laws 1986, c. 24, § 1, eff. Nov. 1, 1986; Laws 1989, c. 333, § 3, eff. Nov. 1, 1989tempmarker