Ind. Code ch. 31-11-8

in effect

Ind. Code § 31-11-8-0.3 Legalization of certain marriages between first cousins

Sec. 0.3. Marriages between first cousins that were solemnized before April 9, 1907, are legalized. As added by P.L.220-2011, SEC.492.

Ind. Code § 31-11-8-1 Marriages void without legal proceedings

Sec. 1. A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings. [Pre-1997 Recodification Citation: 31-7-6-1.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-8-2 Prior existing marriage

Sec. 2. A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized. [Pre-1997 Recodification Citation: 31-7-6-2.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-8-3 Marriage to close relative; marriages between cousins; exceptions

Sec. 3. A marriage is void if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if: (1) the marriage was solemnized after September 1, 1977; (2) the parties to the marriage are first cousins; and (3) both of the parties were at least sixty-five (65) years of age when the marriage was solemnized. [Pre-1997 Recodification Citation: 31-7-6-3.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-8-4 Mentally incompetent persons

Sec. 4. A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized. [Pre-1997 Recodification Citation: 31-7-6-4.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-8-5 Common law marriages entered into after January 1, 1958

Sec. 5. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958. [Pre-1997 Recodification Citation: 31-7-6-5.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-8-6 Foreign marriage solemnized between Indiana residents to evade Indiana law

Sec. 6. A marriage is void if the parties to the marriage: (1) are residents of Indiana; (2) had their marriage solemnized in another state with the intent to: (A) evade IC 31-11-1-4, IC 31-11-4-4, or IC 31-11-4-11 (or IC 31-7-3-3 or IC 31-7-3-10 before their repeal); and (B) subsequently return to Indiana and reside in Indiana; and (3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized. [Pre-1997 Recodification Citation: 31-7-6-6.] As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.10.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026