81-2-302. Marriage licenses -- Use within state -- Expiration.
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Effective 5/6/2026
81-2-302. Marriage licenses -- Use within state -- Expiration.
(1)A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state.
(a)A license issued within this state by a county clerk may only be used within this state.
(b)A license is considered used within this state if the officiant is physically present in the state at the time of solemnization of the marriage.
(c)A license is not considered used within this state when the parties to the marriage are not physically present in the state in the same location as the officiant, unless:
(i)the county issuing the marriage license posts on the county's website, in writing, a sufficient warning that an online marriage solemnized in this state may be invalid in the country where the parties to the marriage reside; and
(ii)the officiant reiterates the warning described in Subsection (2)(c)(i) verbatim immediately before solemnizing the marriage.
(3)A warning described in Subsection (2)(c)(i) is considered sufficient if the warning:
(a)appears prominently on the county's website and in the same location on the website as an application for a marriage license;
(b)is in bold type of the same or larger font size as the text of the instructions for applying for a marriage license; and
(c)is stated in full in at least English, Spanish, Portuguese, Tagalog, French, and Mandarin Chinese on the website.
(4)A marriage is considered solemnized if:
(a)the parties to the marriage have a valid marriage license;
(b)each party to the marriage willingly, and without duress, declares their intent to enter into the marriage;
(c)each party to the marriage has filed all required affidavits with the county clerk that issued the marriage license as required under Subsection 81-2-303(5)(a) ;
(d)an officiant pronounces the parties as married; and
(e)at least two individuals 18 years old or older witness the declarations of intent and the pronouncement.
(5)A license that is not used within 32 days after the day on which the license is issued is invalid.
Amended by Chapter 155 , 2026 General Session