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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 36 Domestic Relations

Chapter 3 Marriage

Part 1 License

36-3-104. Conditions precedent to issuance of license.

(a) 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.

(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. The provisions of 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.

Acts 1937, ch. 81, § 2; C. Supp. 1950, § 8414.2; modified; Acts 1959, ch. 124, § 1; 1965, ch. 59, §§ 1, 2; 1971, ch. 60, §§ 1, 2; 1976, ch. 755, § 1; T.C.A. (orig. ed.), § 36-406; Acts 1993, ch. 418, § 2; 1994, ch. 639, § 1; 1995, ch. 241, §§ 1, 2; 1997, ch. 551, § 30.

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