IC 31-11-8


    

Chapter 8. Void Marriages


IC 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.

As added by P.L.1-1997, SEC.3.


IC 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.

As added by P.L.1-1997, SEC.3.


IC 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.

As added by P.L.1-1997, SEC.3.


IC 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.

As added by P.L.1-1997, SEC.3.


IC 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.

As added by P.L.1-1997, SEC.3.


IC 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 31-11-4-4 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.

As added by P.L.1-1997, SEC.3.