HB362 Summary

• Abolishes the requirement for marriage licenses issued by judges of probate and replaces the system with a statutory marriage contract requiring notarized affidavits from both parties declaring they are not currently married, legally competent, and entering voluntarily.

• Establishes that marriages become valid upon execution by both parties, provided affidavits and forms are recorded with the judge of probate within 30 days of the last party's signature.

• Eliminates the requirement for formal solemnization or ceremony of marriage; parties may conduct any religious, civil, or independent ceremony but the state imposes no requirement for any ceremony to be legally valid.

• Requires judges of probate to record all properly submitted marriage documentation without discretion to reject filings and to transmit recorded marriages to the Office of Vital Statistics by the fifth day of the following month.

• Imposes an additional $35 fee for recording marriages, forwarded to the State Treasurer and deposited into the State General Fund, and repeals existing sections 30-1-9, 30-1-10, 30-1-11, 30-1-13, and 30-1-14.