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2017 Tennessee Code
Title 36 - Domestic Relations
Chapter 3 - Marriage
Part 1 - License
§ 36-3-104. Conditions precedent to issuance of license.
Universal Citation: TN Code § 36-3-104 (2017)
- (a)
- (1) No county clerk or deputy clerk shall issue a marriage license until the applicants make an application in writing, stating the names, ages, addresses and social security numbers of both 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 shall be sworn to by both applicants. Should either individual be incarcerated, the inmate shall not be made to appear but shall submit a notarized statement containing the name, age, current address and a name and address of the individual's parents, guardian or next of kin. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the person's name, age, current address and the names and address of the parents, guardian or next of kin.
- (2) (A) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit:
- (i) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;
- (ii) A certified copy of the applicant's deployment orders; and
- (iii) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
- (B) A person submitting a statement under subdivision (a)(2)(A) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.
- (b)
- (1) If either applicant is under eighteen (18) years of age, the application shall remain on file, open to the public, in the office of the county clerk for three (3) full days before issuance of the license. No waiting period shall apply if both parents, the guardian or the next of kin of any minor applicant join in the application. No waiting period shall apply if both applicants are eighteen (18) years of age or over.
- (2) If either applicant is under eighteen (18) years of age, immediately upon filing of the application, the county clerk shall cause to be sent by registered mail to the parents, guardian or next of kin of any minor applicant, a notice of the application. This subdivision (b)(2) shall not apply if both parents, the guardian or the next of kin of any minor applicant join in the application.
- (3) The parents, guardian or next of kin of an applicant may join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.
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