Basics of Marriage TN 2006

7/28/2019 Basics of Marriage TN 2006

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Who Can Marry?

obtaining a Marriage LiCen

Contesting the issuanCe

of a Marriage LiCense

soLeMnizing a Marriage

reCords required by

the offiCe of VitaL reCords

fees and taxes

forMs

Basics of Marriagein Tennessee April 2006



Basics of Marriage in TennesseeRevised EditionFebruary 2006

Prepared byM. Elizabeth McCroskey, Legal Consultant

The University of TennesseeCounty Technical Assistance Service

226 Capitol Boulevard, Suite 400

Nashville, Tennessee 37219(615) 532-3555

www.ctas.tennessee.edu



February 14, 2006

Dear Reader:

This publication is designed for use by county clerks in carrying out their responsibilities withregard to marriage licenses, and by county mayors/executives, county commissioners, countyclerks, judges, and others authorized by law to perform civil marriage ceremonies. This publication is intended as a general reference guide and not as legal authority. Specific questionsshould always be addressed to an attorney.

This publication outlines the statutory provisions relative to who can marry, issuance of themarriage license, who can perform a marriage ceremony, how to perform a marriage ceremony,and other related matters. Prenuptial agreements, property rights, tax implications, divorce,separation, child custody, and many other issues which may arise are not addressed in this publication. The parties to be married should always seek the advice of their personal attorneyson these matters.

Religious elements to wedding ceremonies have not been addressed in this publication.However, the law would not prohibit the addition of any religious elements to a weddingceremony performed by a state or county official, if they are requested by the parties.

The Appendix found in the back of this publication contains many sample forms which may behelpful to county clerks in the performance of their duties. With the exception of the Certificateof Marriage required by the Tennessee Department of Health, Office of Vital Statistics, theseforms are merely examples of typical forms, and there are many other acceptable forms in useacross the state.

References are also made to cases and opinions of the Tennessee Attorney General (cited as Op.Tenn. Att’y Gen.), and provisions of the Tennessee Code Annotated (cited as T.C.A.). Theinformation contained in this publication is current as of the date of the publication, but youshould always consult an attorney to ensure that you are aware of any changes in the law sincethe date of this publication.

Sincerely,

Michael R. Garland Executive Director


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Basics of Marriage in Tennessee

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Part 1

Who Can Marry? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Prohibited Degrees of Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Effect of Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Bigamy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Homosexual Marriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Common Law Marriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Part 2

Obtaining a Marriage License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Requirement of a License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Issuance of the License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Minimum Age of Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Issuance to Incapacitated Persons Forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5False Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5County Clerk Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Part 3

Contesting the Issuance of a Marriage License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Part 4

Solemnizing a Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Who can solemnize a marriage? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Particular Marriage Ceremony Not Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Remuneration for Solemnizing a Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Certification of the License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Return of Documents to the County Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Marriage Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Marriage Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Solemnizing Marriage Between Incapable Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 5

Records Required by the Office of Vital Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 6

Fees and Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9State and Local Taxes and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Additional Fee–Premarital Preparation Course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Failure to Perform Collection Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Application for Marriage License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14


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Affidavit for Marriage License—Applicant with Disability . . . . . . . . . . . . . . . . . . . . . . 15Affidavit for Marriage License—Applicant Incarcerated . . . . . . . . . . . . . . . . . . . . . . . . 16Affidavit of Parent, Guardian, or Next of Kin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Marriage License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Reverse Side—Marriage License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Office of Vital Records Form—Certificate of Marriage . . . . . . . . . . . . . . . . . . . . . . . . . 20Sample Marriage Ceremony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21(Optional) Marriage Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Certificate of Completion—Premarital Preparation Course . . . . . . . . . . . . . . . . . . . . . . 24



Basics of Marriage in Tennessee

Introduction

Marriage is a civil contract. Cole v. Cole, 37 Tenn. 57, 5 Sneed 57 (Tenn. 1857). However,

unlike other civil contracts, marriages recognizable under Tennessee law, unless recognized byvirtue of being a valid marriage in another state, for purposes of inheritance, workers'compensation, insurance benefits, and many other matters, require state action to be entered intoand to be dissolved. Most other contracts can be voluntarily entered into and terminated by the parties. Public policy considerations make the marriage contract one of the most ceremoniousand serious contracts a person enters and the public policy of Tennessee is to sustain the validityof marriages. Madewell v. U.S., 84 F. Supp. 329 (D. C. Tenn. 1949).

Part 1

Who Can Marry?

Prohibited Degrees of Relationship. Tennessee law defines prohibited degrees of relationshipfor marriages, generally considered "incestuous." Marriage cannot be contracted with a linealancestor (parents, grandparents, great-grandparents, etc.) or descendant (children, grandchildren,great-grandchildren, etc.), nor the lineal ancestor of either parent (grandparents, great-grandparents, etc.) or descendant of either parent (brothers, sisters, half-brothers, half-sisters,nieces and nephews, grandnieces and grandnephews, etc.), nor the child of a grandparent (auntsand uncles), nor the lineal descendants of spouse (spouse's children, grandchildren, stepchildren,step-grandchildren, etc.), nor the husband or wife of a parent (stepmother, stepfather) or linealdescendent. T.C.A. § 36-3-101. A marriage entered into in violation of this statute is void inTennessee regardless of whether the marriage was entered into in Tennessee or in another state

where the marriage would be valid. Rhodes v. McAfee, 224 Tenn. 495, 457 S.W.2d 522 (1970)(declaring void the marriage of a stepdaughter to her stepfather after the divorce of the stepfather and the mother). In an opinion dated October 24, 1960, the Tennessee Attorney Generaldetermined that this statute does not prohibit marriage between first cousins.

Effect of Adoption. The signing of a final order of adoption establishes the relationship of parent and child between the adoptive parent and the adoptive child as if the adopted child had been born to the adoptive parent, and the adopted child is deemed the lawful child of theadoptive parent for all legal consequences and incidents of the biological relation of parents and children. T.C.A. § 36-1-121.

Bigamy. A second marriage cannot be contracted before the dissolution of the first. However,the first marriage is regarded as dissolved for this purpose if either party has been absent fiveyears, and is not known to the other to be living. T.C.A. § 36-3-102; Douglas v. Douglas, 6Tenn. App. 12 (1927); Hall v. Hall, 13 Tenn. App. 683 (1932). Bigamy is a Class Amisdemeanor. T.C.A. § 39-15-301.

Homosexual Marriages. A Tennessee statute prohibits marriage between two persons of thesame sex and states that marriages performed in other jurisdictions between persons of the samesex will not be recognized in Tennessee. T.C.A. § 36-3-113. County clerks are statutorily prohibited from issuing a marriage license to two persons of the same sex. T.C.A. § 36-3-



103(c)(1). Two persons of the same sex cannot obtain a valid marriage license in Tennessee. Op.Tenn. Att’y Gen. 88-43 (2/29/88).

Although courts in other states have recognized marriages between two persons of oppositesexes by virtue of one person having completed a successful sex reassignment, Tennessee law

provides that the sex of a person will not be changed on an original Tennessee birth certificate asa result of sex change surgery. See, e.g., M.T. v. J.T., 355 A.2d 204, 140 N.J. Super. 77 (1976);T.C.A. § 68-3-203(d). Therefore, it appears that Tennessee has adopted the "sex at birth" view.While the issue has not been decided by any court in Tennessee, the Attorney General is of theopinion that Tennessee courts could find that sex is determined at birth, and that sex changesurgery does not alter a person's sex for the purpose of obtaining a valid marriage license. Op.Tenn. Att’y Gen. 88-43 (2/29/88).

Common Law Marriages. Marriage is controlled by statute and not common law in Tennessee.Although Tennessee does not recognize common law marriages, Tennessee will recognize avalid common law marriage entered into in a jurisdiction which recognizes common law

marriages. In re Estate of Glover , 882 S.W.2d 789 (Tenn. App. 1994); Andrew v. Signal AutoParts, Inc., 492 S.W.2d 222 (Tenn. 1972); Lightsey v. Lightsey, 407 S.W.2d 684, 56 Tenn. App.394 (Tenn. App. 1966); Troxel v. Jones, 322 S.W.2d 251, 45 Tenn. App. 264 (Tenn. App. 1959). But see Crawford v. Crawford , 198 Tenn. 9, 277 S.W.2d 389 (1955) (parties may be estopped todeny marriage, as between themselves, in exceptional circumstances).

Part 2

Obtaining a Marriage License

Requirement of a License. Before being joined in marriage, the parties must present to theminister or other official performing the ceremony a license issued by a county clerk in the Stateof Tennessee, authorizing the solemnization of a marriage between the parties. The license may be issued by the county clerk in any county in Tennessee, without regard to the residence of the parties or the county where the ceremony is to be performed. A marriage license is valid for 30days from the date of issuance by the county clerk. T.C.A. § 36-3-103. A marriage license may be issued to persons otherwise complying with the requirements of the law who intend to havetheir marriage solemnized outside the state of Tennessee. Op. Tenn. Att’y Gen. 85-243(9/18/85). A valid marriage will not result from a ceremony performed in Tennessee without amarriage license. Op. Tenn. Att’y Gen. 90-49 (4/9/90).

Issuance of the License. County clerks and deputy county clerks are authorized to issue amarriage license only upon the following conditions:

1. Written Application. Each of the parties must appear and makeapplication in writing, stating the names, ages and addresses of 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 must be sworn to by both applicants. T.C.A. § 36-3-104. A sample application is included in the Appendix to this publication.



2. Social Security Number. The application must contain the socialsecurity number of each of the applicants. T.C.A. § 36-3-104. Thisrequirement should be interpreted with a narrow exception for persons who are legitimately unable to obtain a social securitynumber and members of religious groups who are exempt from

participation in the social security program; such an interpretationis necessary to avoid unconstitutional interference with thefundamental right to marry. Op. Tenn. Att’y Gen. 98-005 (January9, 1998). For opinions of the Attorney General discussing thecollection and disclosure of social security numbers, see also Ops.Tenn. Att’y Gen. 98-065 (March 17, 1998), 99-132 (July 7, 1999),02-003 (January 2, 2002), and 02-016 (February 6, 2002).

3. Appearance by Affidavit (incarcerated or disabled applicants). If either individual is incarcerated at the time, the inmate is notrequired to appear but may instead submit a notarized statement

containing the name, age, current address, and the name and address of the person’s parents, guardian, or next of kin. If either individual has a disability which prevents the person fromappearing, that person may submit a notarized statementcontaining his or her name, age, current address, and the name and address of the person’s parents, guardian, or next of kin. T.C.A. §36-3-104. Sample affidavits for this purpose are included in theAppendix.

4. Parental Notification. If either applicant is under 18 years of age,immediately upon filing the application, the county clerk isrequired to send notice of the application by registered mail to the parents, guardian, or next of kin of any minor applicant. This provision does not apply if both parents, the guardian, or next of kin of the minor applicant join in the application either by personalappearance or by submitting a sworn affidavit. T.C.A. § 36-3-104.

5. Three-day Waiting Period. If either applicant is under 18 years of age, the application must remain on file and open to the public inthe office of the county clerk for three full days before the licensecan be issued. This provision does not apply if both parents, theguardian, or next of kin of any minor applicant join in theapplication either by personal appearance or by submitting a swornaffidavit. T.C.A. § 36-3-104. The three-day waiting period alsomay be waived by court order under T.C.A. § 36-3-107.

6. Parental Consent. In addition to the requirements set out above,T.C.A. § 36-3-106 provides that if either applicant is under 18years of age, the parents, next of kin, guardian, or person havingcustody of the applicant are required to join in the application,under oath, stating that the applicant is 16 years of age or over and that the applicant has their consent to marry. If the applicant is in



the legal custody of any public or private agency or in the legalcustody of any person other than a parent, guardian, or next of kin,then such person or the duly authorized representative of suchagency must join in the application with the parent, guardian, or next of kin, stating under oath that the applicant is 16 years of age

or older but less than 18 years of age and that the applicant hastheir consent to marry. This provision does not apply to applicantswho are in the custody of the department of mental health and mental retardation. T.C.A. § 36-3-106. Presumably, the parentsmay join in the application by submitting a sworn affidavit asauthorized under T.C.A. § 36-3-104(b)(3).

The law does not prescribe a particular form for the application, as long as the required information is obtained. Generally, the parties complete an application similar to the examplefound in the Appendix to this manual. The application may, but is not required to, contain aspace to be completed by the county clerk as a permanent public record showing that the

marriage was solemnized.

Minimum Age of Applicants. It is unlawful for any county clerk or deputy county clerk in thisstate to issue a marriage license when either of the contracting parties is under the age of 16years, unless court consent is granted, and any marriage contracted in violation of this provisionmay be annulled upon proper proceedings. T.C.A. § 36-3-105. However, a marriage entered intoin violation of this section is valid until set aside by a court. The court has discretion whether toset aside the marriage, and the court is not required to declare the marriage void. Further,cohabitation after attaining marriageable age may validate the marriage. Keith v. Pack , 182Tenn. 420, 187 S.W.2d 618 (1945).

When either applicant is under the age of 18, the parents, next of kin, guardian or party havingcustody of the applicant shall join in the application, under oath, stating that the applicant is 16years of age or over and that the applicant has their consent to marry. If the applicant is in thelegal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin, or guardian, then such person or the duly authorized representative of suchagency shall join in the application with the parent, next of kin, or guardian stating, under oath,that the applicant has their consent to marry. This provision does not apply to applicants who arein the legal custody of the department of mental health and mental retardation. T.C.A. § 36-3-106.

Upon good cause, the judge of the probate, juvenile, circuit, or chancery court has the power toremove the restriction as to age, and to authorize the county clerk to issue a marriage licenseregardless of the age of the applicants. T.C.A. § 36-3-107.

Issuance to Incapacitated Persons Forbidden. No license shall be issued when it appears thatthe applicants or either of them is at the time drunk, insane, or an imbecile. T.C.A. § 36-3-109.This statute must be very narrowly construed to avoid a finding of unconstitutionality as a resultof unreasonable interference with the fundamental right of persons to marry. Op. Tenn. Att'yGen. 98-011 (January 9, 1998). Marriages entered into in disregard of this statutory requirementare not void, but merely voidable after an appropriate proceeding. Bryant v. Townsend , 188



Tenn. 630, 221 S.W.2d 949 (1949); Hunt v. Hunt , 56 Tenn. App. 683, 412 S.W.2d 7 (1965);Coulter v. Hendricks, 918 S.W.2d 424 (Tenn. App. 1995).

False Documents. Fraudulently signing or knowingly using any false document purporting to beone provided for in T.C.A. § 36-3-104(a) or § 36-3-106 is a Class C misdemeanor, punishable by

imprisonment not greater than 30 days or a fine not to exceed $50 or both. T.C.A. §§ 36-3-112,40-35-111.

County Clerk Violations. Any county clerk or deputy clerk who, not acting in good faith, issuesa marriage license without compliance with the provisions of T.C.A. §§ 36-3-104 through 36-3-110 and 36-3-113 (1996 Public Chapter 1031) is guilty of a Class C misdemeanor, which is punishable by imprisonment not greater than 30 days or a fine not to exceed $50 or both. T.C.A.§§ 36-3-111, 40-35-111.

Part 3

Contesting the Issuance of a Marriage License

Any interested person has the right to contest the issuance of the marriage license, which contestmust be filed, heard, and determined by the judge of the probate court, or judge of the juvenilecourt, or any judge or chancellor; provided, that a contest cannot be filed without a cost bond inthe sum of at least $50 with solvent sureties executed by the contestant, conditioned as in civilcases, and the cost of the contest will be adjudged against the losing party. T.C.A. § 36-3-110.

Part 4

Solemnizing a Marriage

Who can solemnize a marriage? The rite of matrimony may be solemnized by any of thefollowing persons listed in T.C.A. § 36-3-301:

1. All regular ministers, preachers, pastors, priests, rabbis, and other religious leaders of every religious belief, more than 18 years of age,having the care of souls.

2. Current and former members of county legislative bodies.3. County mayors/executives and former county mayors/executives.4. Current and former judges and chancellors of this state.5. Current and former judges of general sessions courts.6. The governor.7. The county clerk of each county.8. Current and former speakers of the senate and speakers of the house of

representatives.9. Mayors of municipalities.

Ordinarily, elected officials are not authorized to act outside the jurisdiction from which theywere elected. See Op. Tenn. Att’y Gen. 85-189 (6/10/85) (under prior law, elected officials had no jurisdiction to perform marriages outside their jurisdiction). However, in 1997 the GeneralAssembly authorized all elected officials and former officials who are authorized to performmarriages to do so in any county in the State of Tennessee. T.C.A. § 36-3-301(i).



For all marriages after April 15, 1998, in order to solemnize the rite of matrimony a minister, preacher, pastor, priest, rabbi, or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple, or other religious group or organization, and such customs must provide for ordination or designation by a considered, deliberate, and responsible act. T.C.A. § 36-3-301(a)(2) (added by 1998 Public Chapter 745). The county clerk,

however, has neither the authority nor the duty to examine the qualifications of persons seekingto solemnize the rite of matrimony. Op. Tenn. Att’y Gen. 97-139 (10/9/97). The county clerk cannot require proof that an officiant is, in fact, a minister or other authorized person. Op. Tenn.Att’y Gen. 87-151 (9/17/87).

For marriage purposes, the several judges of the United States courts, including United Statesmagistrates and United States bankruptcy judges, who are citizens of Tennessee are deemed to be judges of this state. However, the term former judges does not include any judge who has been convicted of a felony or who has been removed from office. T.C.A. § 36-3-301(a). Theterm "retired judges of this state" shall be construed to include persons who served as judges of any municipal or county court in any county which has adopted a metropolitan form of

government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. T.C.A. § 36-3-301(e). Also, any person who was amember of a quarterly county court on August 1, 1984 can perform marriages. T.C.A. § 17-1-206.

All judges, including city judges, are included among the officials who may solemnizemarriages. An elected city judge may perform a marriage in any county in Tennessee, but anappointed city judge is authorized to solemnize a marriage only in the city where the judge holdsoffice. Op Tenn. Att’y Gen. 02-112 (10/10/02).

Deputy county clerks under the authority of T.C.A. § 18-1-108(4) have full power to transact the business of the county clerk and therefore, according to Op. Tenn. Att’y Gen. 85-243 (9/18/85),have the power to perform marriage ceremonies.

Particular Marriage Ceremony Not Required. No formula need be observed in suchsolemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as man and/or wife. T.C.A. § 36-3-302. This statute has beeninterpreted by the Attorney General as requiring that the parties personally appear together before a person authorized by law to solemnize marriages, so that a marriage ceremony cannot be performed by telephone. Op. Tenn. Att’y Gen. 90-71 (7/16/90).

Since many officials asked to perform marriage ceremonies may do so infrequently, an exampleof a typical ceremony is included in the Appendix at the end of this publication. This sampleceremony certainly is not legally required, and it may be altered as the persons being married desire, so long as the parties do each declare in the presence of the marrying official that theyaccept each other as husband and wife. The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presenceof the congregation, constitutes an equally effective solemnization. T.C.A. § 36-3-301(b).

Remuneration for Solemnizing a Marriage. Any gratuity received by a countymayor/executive, municipal mayor, or county clerk for the solemnization of a marriage, whether performed during or after their regular working hours, shall be retained by them as personal



remuneration for such services in addition to any other sources of compensation they mightreceive, and such gratuity shall not be paid into the county general fund. T.C.A. § 36-3-301.However, a judge's receipt of compensation for performing a marriage ceremony violates ArticleVI, Section 7 of the TENNESSEE CONSTITUTION, T.C.A. § 8-21-101, and the Code of JudicialConduct. Op. Tenn. Att’y Gen. 84-286 (10/25/84). It appears it is permissible for a judge to

accept a check made out to a charity as long as the judge does not treat the funds as income for tax purposes or take a tax deduction for the charitable contribution. Op. Tenn. Att’y Gen. U87-18 (2/10/87).

Certification of the License. The county clerk is required to place on each license the followingform of certificate, to be signed by the person solemnizing the marriage:

"I solemnized the rite of matrimony between the above (or within) named partieson the day of , 20 ." T.C.A. § 36-3-304.

A sample marriage license, with the required certificate, may be found in the Appendix to this

manual.

Return of Documents to the County Clerk. The authorized officiant who performs themarriage ceremony is required to endorse on the license the fact and time of the marriage, and sign his or her name thereto, and return the license to the county clerk within three days from thedate of the marriage. Failure to return the license as required is a misdemeanor. T.C.A. § 36-3-303. The Certificate of Marriage required by the Tennessee Department of Health, Office of Vital Records (see Part 5 of this manual), also must be completed and returned to the countyclerk within this three-day time frame. T.C.A. § 68-3-401. In the case of marriages solemnized among the Religious Society of Friends (Quakers), the functions, duties, and liabilities of the party solemnizing marriages are incumbent upon the clerk of the congregation, or in the clerk’sabsence, the clerk’s duly designated alternate. T.C.A. § 36-3-303.

A county clerk has no authority to require proof that an officiant is a “regular minister of thegospel” or other authorized person who meets the criteria of T.C.A. § 36-3-301, and must presume that the marriage is valid. Op. Tenn. Att’y Gen. 87-151 (9/17/87).

Marriage Certificate. Most county clerks, after receiving the returned marriage license, forward a marriage certificate to the newly married couple, showing the fact that the marriage has beenduly recorded in the county's marriage records. However, some county clerks have a two partlicense with a detachable certificate. A sample marriage certificate is found in the Appendix inthe back of this manual.

Marriage Book. The county clerk is required to record in a well-bound book the names of the parties and the date of the issuance of the marriage license, and to copy immediately under or opposite thereto the return of the proper officiant who solemnized the rite of matrimony and thedate thereof. T.C.A. § 18-6-109.

Solemnizing Marriage Between Incapable Persons. If any minister or officer knowingly joinstogether in matrimony two persons not capable thereof, he or she shall be guilty of amisdemeanor, and, also, forfeit and pay the sum of $500, to be recovered by action of debt, for the use of the person suing. T.C.A. § 36-3-305.



Part 5

Records Required by the Office of Vital Records

A record of each marriage performed in this state is required to be filed with the Tennessee

Department of Health, Office of Vital Records, and shall be registered if it has been properlycompleted and filed. The county clerk who issues the marriage license is required to prepare therecord on the form Certificate of Marriage furnished by the state registrar upon the basis of information obtained from the parties to be married. The Certificate of Marriage requires thesignature of both the bride and groom in the presence of the county clerk; however, where anapplicant is authorized by T.C.A. § 36-3-104 to apply by submitting a sworn affidavit, personalappearance before the county clerk is not required. The Certificate of Marriage also containsspaces for the officiant who performs the ceremony to certify the marriage of the persons, awitness to the marriage to sign (although a witness is not required by law), the county of marriage, and whether the marriage is a religious or civil service. This Certificate of Marriage,like the marriage license, must be returned to the county clerk within three days of the

performing of the marriage ceremony. T.C.A. § 68-3-401. A copy of the form Certificate of Marriage required by the Department of Health, Office of Vital Records, current as of the date of this publication, can be found in the Appendix to this manual.

The county clerk must complete and forward the records of marriages filed during the precedingcalendar month on or before the 10th day of each calendar month to the Office of Vital Records.A marriage not filed within these time requirements may be registered in accordance with theregulations of the Office of Vital Records. If a marriage license has been obtained by incorrectidentification, the fraudulent records should be voided and a correct certificate of marriage placed on file by order of a court in the county where the license was issued in accordance withthe regulations established by the Department of Health. T.C.A. § 68-3-401.

The county clerk is authorized to record and certify any license used to solemnize a marriagewhich is properly signed by the officiant when the license is returned to the issuing county clerk.The issuing county clerk then forwards the record to the Office of Vital Records to be filed and registered. This includes Tennessee marriage licenses which are used to officiate out-of-stateceremonies. T.C.A. § 36-3-103(c)(1).

Part 6

Fees and Taxes

State and Local Taxes and Fees. There are two state privilege taxes on marriage, and one localoption tax which can be levied in an amount up to $5.00. T.C.A. §§ 67-4-411, 67-4-502, 67-4-505. The collector of both state and local marriage taxes is the county clerk. The county clerk earns fees for performing these duties. The taxes and fees are as follows:

State Privilege Tax, T.C.A. § 67-4-411 $15.00

State Privilege Tax, T.C.A. § 67-4-505 $ 5.00

Optional County Tax, T.C.A. § 67-4-502 $ 5.00



County Clerk's fee for issuance of marriagelicense and bond, T.C.A. § 8-21-701(12) $ 1.00

County Clerk's fee if copy of licenserequested, T.C.A. § 8-21-701(13) $ .50

Clerk's fee for certificate and seal,T.C.A. 8-21-401(I)(5) $ 5.00

Clerk's fee for filing certificate and required forms with office of vital records,T.C.A. § 68-3-401 $ 1.00

The $5.00 state tax is retained by the county and must be used for county school purposes.T.C.A. § 67-4-505. The local option tax, if levied, is retained by the county and used as directed by the county legislative body. The $15.00 state tax is paid over to the state commissioner of

revenue. T.C.A. § 67-4-411. The county clerk receives a 5 percent commission for receiving and paying over these state and county revenues ($25.00 state and county taxes x 5 percent = $1.25commission on the above revenues). T.C.A. § 8-21-701(55).

Additional Fee–Premarital Preparation Course. Under T.C.A. § 36-6-413, there is imposed an additional fee of $62.50 on the issuance of marriage licenses. Of this fee, $2.50 is retained bythe county clerk and $60.00 is remitted to the state. This $62.50 fee is in addition to all of thefees county clerks charge for issuance of a marriage license.



1The Certificate of Completion has been developed by the Administrative Office of theCourts. A copy is included in the Appendix to this manual.

2Currently, this exemption includes only Sevier County. Non-residents in all other countiesmust pay the $60.00 fee unless they have completed a premarital preparation course.

10

Applicants are exempt from payment of $60.00 of the fee IF:

(1) They have completed a four-hour premarital preparation course and provide thecounty clerk with a valid and timely certificate of completion1; OR

(2) They obtain their marriage license in a county having a municipality defined as a premier type tourist resort pursuant to T.C.A. § 67-6-103(a)(3)(B)2 and bothapplicants provide the county clerk with an affidavit of non-residency or valid driver license establishing that they are not Tennessee residents.

Applicants must pay the $2.50 fee regardless of whether they are exempt from payment of the$60.00 fee. This fee is retained by the county clerk as part of the fees of the office.

To qualify for the exemption by attending a premarital preparation course, both applicants mustsubmit a Certificate of Completion showing that they have attended a course, together or separately, within one year of the date of the application for the marriage license. The course

must have been at least four hours in length.

The law does not provide details as to the content of the course, other than to say that it may

include conflict management, communication skills, financial responsibilities, children and parenting responsibilities, and data concerning problems reported by married couples who seek counseling. Premarital preparation courses may be taught by any of the following:

(1) Psychologist(2) Clinical social worker (3) Licensed marital and family therapist(4) Clinical pastoral therapist(5) Professional counselor (6) Psychological examiner (7) Official representative of a religious institution(8) Any other approved instructor who meets qualifying guidelines that may be

established by the judicial district for the county in which the marriage license isissued.

The Certificate of Completion form is to be completed by the instructor of the course. Applicantsfor a marriage license must present a copy of the completed form to the county clerk in order toqualify for the exemption on this basis.

The entire $60.00 fee (when it is collected) is to be remitted by the county clerk to the state. Thestate is responsible for distribution of the fee in accordance with the provisions of the law.



Failure to Perform Collection Duties. Any county clerk or other official who fails or refuses tocollect and pay over any taxes he or she is legally charged to collect and pay over to thedepartment of revenue is liable therefor and his or her official bondsman is also liable for theamount of such failure. T.C.A. § 67-4-210(b). Any county clerk failing in any way, either in person or by agent, to enforce these tax statutes shall be forfeit in each case the sum of $250 to

the state and shall be subject to ouster proceedings. T.C.A. §67-4-211(a).





APPENDIX

Sample Application for Marriage LicenseSample Affidavit (Disability)

Sample Affidavit (Incarcerated)Sample Affidavit (Parent/Guardian/Next-of-Kin)

Sample Marriage LicenseSample Marriage License (Reverse Side)

Office of Vital Records Form—Certificate of MarriageSample Marriage Ceremony

Sample Marriage Certificate (Optional)Certificate of Completion—Premarital Preparation Course



[Sample] APPLICATION FOR MARRIAGE LICENSE

ANY COUNTY, TENNESSEE

No. Date Issued: , 20_____

Application is hereby made for Marriage License for the following named parties:

Full Name of Male Applicant: ___________________________________________________Age:_________

Social Security Number:_______________________________________________________________________Address:___________________________________________________________________________________Mother’s Name and Address:___________________________________________________________________Father’s Name and Address:___________________________________________________________________

or:

Name and Address of Guardian or Next of Kin:____________________________________________________

Full Name of Female Applicant: __________________________________________________Age:_________Social Security Number: ______________________________________________________________________Address: ___________________________________________________________________________________Mother’s Name and Address:___________________________________________________________________

Father’s Name and Address:___________________________________________________________________or:

Name and Address of Guardian or Next of Kin:____________________________________________________

_______________________________ ______________________________Signature of Male Applicant Signature of Female Applicant

Sworn to and subscribed before me this day of , 20

County Clerk or Deputy County Clerk

NOTE: Any applicant under the age of 16 requires court consent, and a copy of the court order authorizing the issuance of a marriag

license must be attached to this application. If either applicant is under the age of 18 years of age, this application must remain on fil

for three days prior to issuance of the marriage license unless the applicants obtain a court order waiving the three-day waiting perio

or unless both parents, the guardian, or next of kin of the minor applicant(s) either personally appear before the County Clerk, or subm

an affidavit to be attached to this Application.

The undersigned personally appeared to join in this application to consent to this marriage, to verify that the minor

applicant is over 16 years of age, and to waive the above described three-day waiting provision and the requirement

that notice be sent to the parents, guardian, or next of kin of minor applicants:

______________________________________ ___________________________________Relationship to Minor Applicant Signature and Date






[Sample] AFFIDAVIT FOR MARRIAGE LICENSE—APPLICANT WITH DISABILITY ___________COUNTY, TENNESSEE

(attach to application for marriage license)

The undersigned Applicant, being first duly sworn, states as follows:I have a disability which prevents me from personally appearing in the office of the County Clerk to makeapplication for a marriage license. In accordance with Tennessee Code Annotated Section 36-3-104, I amsubmitting the following information for the purpose of obtaining a marriage license so that I may join in matrimonywith ________________________________________________________________.

(Full name of future spouse)

Full name of Applicant:_________________________________________________________ First Middle Last

Age:__________ Social Security Number:____________________________

Date of Birth:________________________________ Sex of Applicant: ( ) Male ( ) FemaleMonth Day Year

Applicant's current address: _______________________________________________ _______________________________________________ _______________________________________________

Name, relationship, and address of applicant's parents, guardian, or next of kin: ________________________________________________ ________________________________________________ ________________________________________________

I have also attached the original copy of Form PH-1680, revised 6/99, provided by the Tennessee Department oHealth, Office of Vital Records, the same having been completed and signed by me and my future spouse.

________________________________________________ Signature of Applicant

ACKNOWLEDGMENTState of _______________ County of ______________

On this day of ____ , 20 , before me personally appeared _______________________________________, the above-named applicant, who appeared to me to be of soundmind and not intoxicated, and known to me to be the person described in the foregoing instrument, andacknowledged that the same was executed by the applicant as a free act and deed, for the purpose therein seforth.

__________________________________________

Notary PublicMy commission expires:____________________



[Sample] AFFIDAVIT FOR MARRIAGE LICENSE—APPLICANT INCARCERATED ___________COUNTY, TENNESSEE

(attach to application for marriage license)

The undersigned Applicant, being first duly sworn, states as follows:

I am currently incarcerated at ________________________________________________, and therefore I amunable to appear personally in the office of the County Clerk to make application for a marriage license. Inaccordance with Tennessee Code Annotated, Section 36-3-104, I am submitting the following information for thepurpose of obtaining a marriage license so that I may join in matrimony with

___________________________________________________.(Full name of future spouse)

Full name of Applicant:_________________________________________________________ First Middle Last

Age:__________ Social Security Number:_________________________________

Date of Birth:________________________________ Sex of Applicant: ( ) Male ( ) FemaleMonth Day Year

Applicant's current address: _______________________________________________

_______________________________________________ _______________________________________________

Name, relationship, and address of applicant's parents, guardian, or next of kin: ________________________________________________ ________________________________________________ ________________________________________________

I have also attached the original copy of Form PH-1680, revised 6/99, provided by the Tennessee Department oHealth, Office of Vital Records, the same having been completed and signed by me and my future spouse.

________________________________________________

Signature of Applicant


On this day of , 20 , before me personally appeared _______________________________________, the above-named applicant, who appeared to me to be of soundmind and not intoxicated, and known to me to be the person described in the foregoing instrument, andacknowledged that the same was executed by the applicant as a free act and deed, for the purpose therein seforth.

__________________________________________ Notary Public

My commission expires:____________________



[Sample] AFFIDAVIT OF PARENT, GUARDIAN, OR NEXT OF KINEVIDENCING CONSENT TO

MARRIAGE LICENSE FOR MINOR APPLICANT

___________COUNTY, TENNESSEE

NOTE: The provisions of Tennessee Code Annotated, Section 36-3-106, require the consent of both parents, theguardian, or next of kin of any applicant for a marriage license for applicants between the ages of sixteen (16)years and eighteen (18) years.

The undersigned being first duly sworn, states as follows:

This Affidavit is given in connection with the Application for Marriage License of ___________________________

a minor. I am the minor applicant’s: ( ) Mother ( ) Father ( ) Guardian ( ) Next of Kin (specify)____________

I consent to the marriage of the above-named minor applicant to _______________________________________

without the necessity of the application having remained on file in the office of the County Clerk for three (3) days

I further waive the notice of this marriage that the County Clerk otherwise would be required by law to send me

I hereby certify that the minor applicant is between the ages of sixteen (16) years and eighteen (18) years. I am

submitting this affidavit to join in the application in accordance with the provisions of Tennessee Code AnnotatedSection 36-3-104.

Dated this _____ day of ____________________, 20___.

Signature:_____________________________________________________

Printed Name:__________________________________________________

Address: __________________________________________________

__________________________________________________ __________________________________________________


On this day of , 20 , before me personally appeared _______________________________________the above-named affiant, known to me to be the person described in the foregoing instrument, and acknowledgedthat the same was executed by the applicant as a free act and deed, for the purpose therein set forth.

__________________________________________ Notary PublicMy commission expires:____________________



S T A C [Sample] Marriage License

To any person duly authorized under the provisions of T.C.A. Section 36-3-301 tosolemnize the rite of matrimony:

G You are hereby authorized to solemnize the

R M Between ______________________________________________________

and __________________________________________________________

according to the laws of the state of Tennessee. This license must beissued under the hand of a County Clerk in the state of Tennessee.

Issued at the office of the County Clerk of __________ County,Tennessee, this ______ day of _____________, 20______.

______________________________________ County Clerk or Deputy County Clerk

[SEAL]

This license is not valid after thirty (30) days from date of issuance.



[SAMPLE REVERSE SIDE - MARRIAGE LICENSE]

MARRIAGE LICENSE

CERTIFICATION OF OFFICIANT

I hereby certify that on the ______ day of ____________, 20____,

I solemnized the RITE OF MATRIMONY between:

_____________________________________________

and

___________________________________________

Signed:____________________________________, OfficiantOfficial Position:______________________________ Address:____________________________________

RETURNED

This _____ day of ___________, 20________

________________________________ County Clerk

Recorded in Marriage Record Book _______ Page _______

MINISTERS AND OTHERS OFFICIATING ARE REQUIRED TOENDORSE ON THE LICENSE THE DATE OF SOLEMNIZATION

OF THE MARRIAGE AND RETURN THE LICENSE TO THECOUNTY CLERK WITHIN THREE (3) DAYS OF THE DATE OF

MARRIAGE. FAILURE TO MAKE THIS RETURN IS AMISDEMEANOR.





Sample Marriage Ceremony

Officiant: Dearly beloved, we are gathered together to join together this man, (name of man), and this woman, (name of woman), in marriage. Marriage is not to be entered intolightly or unadvisedly. This marriage will be recognized by the state of Tennessee. If there

is any person here who can show just cause why these two persons may not be lawfully joined as husband and wife, I require you to make it known. (Pause)

Officiant: Do you (name of woman) come here freely, willingly, and not under duress, andis it your desire and intent to enter into a legally binding marriage?

Woman's Response: Yes.

Officiant: Do you (name of man) come here freely, willingly, and not under duress, and isit your desire and intent to enter into a legally binding marriage?

Man's Response: Yes.

Officiant: Do you (name of woman), take this man to be your lawfully wedded husband,to love and to cherish, to have and to hold, and do you promise to forsake all others as longas you both may live?

Woman's Response: I do.

Officiant: Do you (name of man), take this woman to be your lawfully wedded wife, to loveand to cherish, to have and to hold, and do you promise to forsake all others as long as youboth may live?

Man's Response: I do.

Officiant: Please join right hands. (Name of man), repeat after me—

I, (name of man) (man repeats) Take thee (name of woman) (man repeats) To be my lawful wife (man repeats) To have and to hold (man repeats)From this day forward (man repeats)For better, for worse (man repeats)

For richer, for poorer (man repeats)In sickness and in health (man repeats) To love and to cherish (man repeats)So long as we both shall live. (man repeats)

Officiant: (Name of woman), repeat after me—

I, (name of woman) (woman repeats) Take thee (name of man) (woman repeats) To be my lawful husband (woman repeats)



To have and to hold (woman repeats)From this day forward (woman repeats)For better, for worse (woman repeats)For richer, for poorer (woman repeats)In sickness and in health (woman repeats)

To love and to cherish (woman repeats)So long as we both shall live. (woman repeats)

(If there is a Ring)Officiant: (Man's name), do you have a ring?

Man's Response: Yes.

Officiant: (Man's name), place this ring on the hand of your bride to be, and repeat afterme—

(Woman's name), take this ring (man repeats)As a token of my constant love (man repeats)And abiding devotion. (man repeats)

Officiant: (Woman's name), do you have a ring?

Woman's Response: Yes.

Officiant: (Woman's name), place this ring on the hand of your husband to be, and repeatafter me—

(Man's Name), take this ring (woman repeats)As a token of my constant love (woman repeats)And abiding devotion. (woman repeats)

Officiant: (Man's name), do you freely accept (woman's name) as your wife?

Man's Response: Yes (or I do).

Officiant: (Woman's name), do you freely accept (man's name) as your husband?

Woman's Response: Yes (or I do).

Officiant: Inasmuch as you have consented together in wedlock, and have witnessed thesame before this Company, by the authority vested in me as a(officiant's office) and by thelaws of the State of Tennessee, I now pronounce you husband and wife.



S O M C

MARRIAGE CERTIFICATE

ANY COUNTY, TENNESSEE

This certifies that

and were united in the

HOLY BONDS OF MATRIMONY

on the day of , 20 , with

____________________________ officiating, as appears of

record in Marriage Record Book Page , in the office

of the County Clerk of __________ County, Tennessee.

County Clerk or Deputy County Clerk

[SEAL]



CERTIFICATE OF COMPLETIONPREMARITAL PREPARATION COURSE

Tennessee Code Annotated §36-6-413(b)(5) provides that couples who complete premarital preparation courses shaxempt from the $60 fee otherwise imposed by that code section. The course must not be less than four (4) hours ompleted no more than one year prior to the date of application for the license. Parties may attend separate classehey do, separate certificates must be filed.

PARTICIPANT INFORMATION

HUSBAND WIFE Address Address

Course AttendedNumber of Hours CompletedDate Course Completed

COURSE PROVIDER INFORMATIONPlease complete below the information about the person or organization providing the premarital preparationcourse.Name QUALIFICATIONS (or relevant training, if representative

of a religious institution) Address Psychologist (as defined

under T.C.A. § 63-11-203) Clinical Social Worker (asdefined under T.C.A. Title63, Ch. 23, Part 1)

Licensed Marital andFamily Therapist (asdefined under T.C.A. § 63-22-115)

Clinical Pastoral Therapist (as defined under T.C.A. Title 63, Ch. 22, Part2)

Professional Counselor(as defined under T.C.A. §63-22-104)

Psychological Examiner(as defined under T.C.A. §63-11-202)

Official Representative of a Religious Institution

(recognized under T.C.A. §63-22-204)

Any other instructorapproved for the judicial

district

Tennessee does not certi fy approved providers or maintain a central li st of providers. The names of professionalswho meet the qualifications as noted above may be found at: www2.state.tn.us/health/licensure/index.htm or inyour local telephone directory. Inclusion on the website does not guarantee that such professional is willing toprovide the premarital preparation course.

AFFIDAVIT

I swear or affirm that the participant(s) named above attended the premarital preparation course for the number of hoursand on the date indicated. I further certify that the instructor was qualified under the provisions of Tennessee Code Annotated §36-6-413(b)(5).

_________________ ________________________________ ________________ Date Signature of Instructor or Provider License Number

(if applicable)

Subscribed and sworn to before me, this ____ day of ________, 20____.

_______________________________ _______________________ SEALNotary Public Commission Expiration Date



The University o Tennessee does not discriminate on the basis o race, sex, color, religion, national origin, age, disability, or veteran s tatus in provision oeducational programs and services or employment opportunities and benefts. This policy extends to both employment by and admission to the University.

The university does not discriminate on the basis o race, sex, or disability in its education programs and activities pursuant to the requirements o Title VIo the Civil Rights Act o 1964, Title IX o the Education Amendments o 1972, Section 504 o the Rehabilitation Act o 1973, and the Americans with

Disabilities Act (ADA) o 1990.

Inquiries and charges o violation concerning Title VI, Title IX, Section 504, ADA or the Age Discrimination in Employment Act (ADEA) or any o theother above reerenced policies should be directed to the Ofce o Equity and Diversity (OED), 1840 Melrose Avenue, Knoxville, TN 37996-3560, telephone(865) 974-2498 (V/TTY available) or 974-2440. Requests or accommodation o a disability should be directed to the ADA Coordinator at the UTK Ofceo Human Resources, 600 Henley Street, Knoxville, TN 37996-4125.

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