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TITLE 32
Other Marriage Laws in Idaho
32-201 WHAT CONSTITUTES MARRIAGE -- NO COMMON-LAW MARRIAGE AFTER JANUARY 1, 1996
(1) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of parties
capable of making it is necessary. Consent alone will not constitute
marriage; it must be followed by the issuance of a license and a
solemnization as authorized and provided by law. Marriage created by a
mutual assumption of marital rights, duties or obligations shall not be
recognized as a lawful marriage.
(2) The provisions of subsection (1) of this section requiring the
issuance of a license and a solemnization shall not invalidate any
marriage contract in effect prior to January 1, 1996, created by
consenting parties through a mutual assumption of marital rights, duties
or obligations.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-202 PERSONS WHO MAY MARRY
Any unmarried male of the age of eighteen (18) years or older, and
any unmarried female of the age of eighteen (18) years or older, and
not otherwise disqualified, are capable of consenting to and
consummating marriage. Provided that if the male party to the contract
is under the age of eighteen (18) and not less than sixteen (16) years
of age, or if the female party to the contract is under the age of
eighteen (18) and not less than sixteen (16) years of age, the license
shall not be issued except upon the consent in writing duly acknowledged
and sworn to by the father, mother or guardian of any such person if
there be either, and provided further, that no such license may be
issued, if the male be under eighteen (18) years of age and the female
under eighteen (18) years of age, unless each party to the contract
submits to the county recorder his or her original birth certificate, or
certified copy thereof or other proof of age acceptable to the county
recorder. Provided further, that where the female is under the age of
sixteen (16), or the male is under the age of sixteen (16), the license
shall not issue except upon the consent in writing duly acknowledged or
sworn to by the father, mother or guardian of such person if there be
any such, and upon order of the court. Such order shall be secured upon
petition of any interested party which petition shall show that the
female minor under the age of sixteen (16), or the male minor under the
age of sixteen (16), is physically and/or mentally so far developed as
to assume full marital and parental duties, and/or that it is to the
best interest of society that the marriage be permitted. A hearing shall
be had on such petition forthwith or at such time and upon such notice
as the court may designate. The judge shall secure from a physician his
opinion as an expert as to whether said person is sufficiently developed
mentally and physically to assume full marital duties. If said court is
satisfied from the evidence that such person is capable of assuming
full marital duties and/or that it is to the best interest of society,
said court shall make an order to that effect, and a certified copy of
said order shall be filed with the county recorder preliminary to the
issuance of a marriage license for the marriage of such person and said
order of the court shall be the authority for the county recorder to
issue such license.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-205 INCESTUOUS MARRIAGES
Marriages between parents and children, ancestors and descendants
of every degree, and between brothers and sisters of the half (1/2) as
well as the whole blood, and between uncles and nieces, or aunts and
nephews, are incestuous, and void from the beginning, whether the
relationship is legitimate or illegitimate.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-206 MARRIAGES BETWEEN FIRST COUSINS
All marriages between first cousins are prohibited.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-207 POLYGAMOUS MARRIAGES
A subsequent marriage contracted by any person during the life of a
former husband or wife of such person, with any person other than such
former husband or wife, is illegal and void from the beginning unless:
1. The former marriage of either party has been annulled or dissolved; or,
2. Such former husband or wife was absent and not known to such person
to be living for the space of five (5) successive years immediately
preceding, or was generally reputed, and was believed by such person, to
be dead at the time such subsequent marriage was contracted. In either
of which cases the subsequent marriage is valid until its nullity is
adjudged by a competent tribunal.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-208 RELEASE FROM CONTRACT FOR UNCHASTITY
Neither party to a contract to marry is bound by a promise made in
ignorance of the other?s want of personal chastity, and either is
released therefrom by unchaste conduct on the part of the other, unless
both parties participate therein.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-209 RECOGNITION OF FOREIGN OR OUT-OF-STATE MARRIAGES
All marriages contracted without this state, which would be valid
by the laws of the state or country in which the same were contracted,
are valid in this state, unless they violate the public policy of this
state. Marriages that violate the public policy of this state include,
but are not limited to, same-sex marriages, and marriages entered into
under the laws of another state or country with the intent to evade the
prohibitions of the marriage laws of this state.
Idaho Statutes - Title 32: Domestic Relations - Chapter 2: Nature and Validity of Marriage Contract
32-301 HOW SOLEMNIZED
All marriages shall be solemnized, authenticated and recorded as
provided in this chapter. On and after January 1, 1996, any marriage
contracted or entered into in violation of the provisions of this title
shall be void.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-302 DUTY OF PERSON OFFICIATING
All persons herein authorized to solemnize marriages must first
require the presentation of the marriage license and must ascertain and
be assured of:
1. The identity of the parties.
2. Their real and full names and places of residence.
3. That they are of sufficient age to be capable of contracting marriage.
4. If either the male or the female is under the age of eighteen (18),
the consent of the father, mother or guardian, if any such, is given, or
that such underaged person has been previously but is not at the time
married; and that the parties applying for the rites of marriage, and
making such contract, have a legal right so to do.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-304 FORM OF CEREMONY
No particular form for the ceremony of marriage is required, but
the parties must declare, in the presence of the person solemnizing the
marriage that they take each other as husband and wife.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-305 EXAMINATION OF WITNESSES
The person solemnizing the marriage may administer oaths and
examine the parties and witnesses for the purpose of satisfying himself
that the contracting parties are qualified under the requirements of
this chapter.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-306 CERTIFICATE TO PARTIES
When a marriage has been solemnized the person solemnizing the
same must give to each of the parties, if required, a certificate
thereof.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-307 FEES OF OFFICER
The person solemnizing a marriage is for such service entitled to
receive from the parties married the sum of five dollars ($5.00), but
may receive any other or greater sum voluntarily given by the parties to
such marriage.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-308 VALIDITY NOT AFFECTED BY WANT OF AUTHORITY
No marriage solemnized by any person professing to be a judge,
justice, or minister, is deemed or regarded void, nor is the validity
thereof to be in any way affected on account of any want of jurisdiction
or authority: provided, it be consummated with a full belief on the
part of the persons so married, or either of them, that they have been
lawfully joined in marriage.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-309 MARRIAGE CERTIFICATE AS EVIDENCE
The original certificate, and record of marriage made by the
judge, justice or minister, as prescribed in this chapter, and the
record thereof by the recorder of the county, or a copy of such record
duly certified by such recorder, must be received in all courts and
places as presumptive evidence of the fact of such marriage.
Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
32-401 MARRIAGE LICENSE -- CONTENTS
The county recorder of any county in this state shall have
authority to issue marriage licenses to any parties applying for the
same who may be entitled under the laws of this state to contract
matrimony, authorizing the marriage of such parties, which licenses
shall be substantially in the following form:
Know all men by this certificate that any regularly ordained minister of
the gospel, authorized by the rites and usages of the church or
denomination of Christians, Hebrews, or religious body of which he may
be a member, or any judge or justice of the peace or competent officer
to whom this may come, he not knowing of any lawful impediment thereto,
is hereby authorized and empowered to solemnize the rites of matrimony
between ...., of .... of the county of ...., and the state of ...., and
...., of .... of the county of ...., state of ...., and to certify the
same to said parties, or either of them, under his hand and seal, in his
ministerial or official capacity, and thereupon he is required to
return his certificate in form following as hereto annexed.
In testimony whereof I have hereunto set my hand and affixed the seal of said county, at ...., this .... day of ...., .....
.... Recorder.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-402 CERTIFICATE AND RETURN
The form of certificate annexed to said license, and therein referred to, shall be as follows:
I, ...., a ...., residing at ...., in the county of ...., in the state
of Idaho, do certify that, in accordance with the authority on me
conferred by the above license, I did on this .... day of ...., in the
year ...., at ...., in the county of ...., in the state of Idaho,
solemnize the rights of matrimony between ...., of ...., in the county
of ...., of the state of ...., and ...., of ...., of the county of ....,
of the state of ...., in the presence of .... and .....
Witness my hand and seal at the county aforesaid, this .... day of ...., .....
In the presence of ..... .... [Seal]
....
The license and certificate, duly executed by the minister or officer
who shall have solemnized the marriage authorized, shall be returned by
him to the office of the recorder who issued the same, within thirty
(30) days from the date of solemnizing the marriage therein authorized;
and a neglect to make such return shall be deemed a misdemeanor, and the
person whose duty it shall be to make such return, who shall neglect to
make such return within the time above specified, shall, upon
conviction thereof, be punished by a fine of not less than twenty
dollars ($20.00) nor more than fifty dollars ($50.00) to be assessed by
any justice of the peace or other court having jurisdiction.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-403 APPLICATION FOR AND ISSUANCE OF LICENSE
(1) Every county recorder who shall have personal knowledge of the
competency of the parties for whose marriage a license is applied for,
shall issue such license upon payment or tender to him of his legal fee
therefor; and if such recorder does not know of his own knowledge that
the parties are competent under the laws of the state to contract
matrimony, he shall take the affidavit in writing of the person or
persons applying for such license, and of other persons as he may see
proper, and of any persons whose testimony may be offered; and if it
appears from the affidavit so taken that the parties for whose marriage
the license in question is demanded are legally competent to marry, the
recorder shall issue such license, and the affidavits so taken shall be
his warrant against any fine or forfeiture for issuing such license.
Provided, however, that in the event either of the parties for whose
marriage the license in question is applied for is under the age of
eighteen (18) years, the recorder shall not issue such license except
upon compliance with the consent and proof of age requirements set forth
in section 32-202, Idaho Code.
(2) Every application for a marriage license shall include the social security numbers of the parties applying for the license.
(a) The requirement that an applicant provide a social security number
shall apply only to applicants who have been assigned a social security
number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security
administration that the applicant has not been assigned a social
security number; and
(ii) Submit a birth certificate, passport or other documentary evidence
issued by an entity other than a state or the United States; and
(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-404 ADMINISTRATION OF OATHS
The county recorder shall have power to administer all oaths
required or provided for in this chapter, and if any person in any such
affidavit shall wilfully and corruptly swear falsely to any material
fact as to the competency of any person for whose marriage the license
in question refers, or concerning the procuring or issuing of which such
affidavit may be made, shall be guilty of perjury, and, upon conviction
thereof, shall be punished as provided by statute in other cases of
perjury.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-405 MINISTER OR OFFICER MAY SOLEMNIZE MARRIAGE
Any authorized minister or officer to whom any such license, duly
issued, may come, not having personal knowledge of the incompetency of
either party therein named to contract matrimony, may lawfully solemnize
matrimony between them.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-406 SOLEMNIZATION WITHOUT LICENSE -- PENALTY
If any such minister or officer shall presume to solemnize any
marriage between parties without such a license, or with knowledge that
either party is legally incompetent to contract matrimony as is provided
for by the laws of this state, he shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by a fine
of not less than fifty dollars ($50.00) nor more than $200.00 before any
court having jurisdiction.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-407 RECORD OF RETURN OF LICENSE
The recorder shall record all such returns of marriage licenses in
a book to be kept for that purpose, within one (1) month after
receiving the same. If any recorder shall neglect or refuse to record
within the said time any return to him made, he shall forfeit $100.00,
to be recovered, with costs, by any person who will prosecute for the
same.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-408 FEES FOR ISSUING LICENSE
The recorder of each county of this state shall be entitled to a
fee as provided by section 31-3205, Idaho Code, for each license issued,
which fee he shall demand and receive from the person applying for the
same, and he may refuse to issue any such license until such fee is paid
to him. Said fee shall include the payment for the service of taking
affidavit, filing affidavit and recording the license upon its return
from the minister or officer solemnizing the marriage for which it was
issued.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-409 MARRIAGE BOOKS AS EVIDENCE
The books of marriages and copies of entries therein, certified by
the recorder under his official seal, shall be evidence in all courts.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-410 PENALTY FOR FALSE RETURN
If any person, authorized to solemnize marriage, shall wilfully
make a false return of any marriage or pretended marriage to the
recorder; or, if the recorder shall wilfully record a false return of
any marriage, he shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine of not less than
$100.00, and by imprisonment for not less than three (3) months.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-411 DISPOSITION OF PENALTIES
All fines and penalties accruing under the provisions of this
chapter shall be paid into the county treasury for the use of the common
schools in the county where the offense was committed.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-412A EDUCATIONAL PAMPHLET AND SELF ADMINISTERED CONFIDENTIAL RISK APPRAISAL ON POSSIBLE AIDS EXPOSURE
Before any county recorder may issue a marriage license, each male
and female applicant therefor shall be provided with a confidential
AIDS educational pamphlet prepared by the state department of health and
welfare and provided to the county recorder by the department of health
and welfare. The educational pamphlet shall contain information
describing how AIDS can be contracted, what some of the symptoms of the
disease are, what the effects of the disease are, and what can be done
to prevent exposure to the disease.
Each applicant shall certify to the county recorder that he or she has
read the educational pamphlet or has had the educational pamphlet read
to them.
The confidential questionnaire shall be designed so that an answer to
the various questions will indicate to the marriage license applicant
his or her potential past exposure to situations, conditions, or
procedures that are medically known to have caused AIDS.
The questionnaire shall state that the results of the questionnaire are
confidential to the applicant, but that if any of the answers indicate
that he or she is in the general population at risk for developing AIDS,
he or she should contact a physician, or the district health
department, or the state department of health and welfare.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
32-415 VIOLATIONS A MISDEMEANOR
Any person who misrepresents any fact required to be stated on the
certificate form or other form required by this act, or any licensing
officer who issues a marriage license without having received the
certificate forms or an order from the court as provided by this
chapter, or who has reason to believe that any of the facts thereon have
been so misrepresented, and shall nevertheless issue a marriage
license, or any person who otherwise fails to comply with the provisions
of this act shall be guilty of a misdemeanor.
Idaho Statutes - Title 32: Domestic Relations - Chapter 4: Marriage Licenses, Certificates, and Records
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