COUNTY OF BERRIEN
OFFICE OF THE COUNTY CLERK
M. LOUISE STINE, COUNTY CLERK, CLERK OF THE CIRCUIT COURT
Berrien County Administration Center
701 Main Street - St. Joseph, M149085-1316
Telephone: 269/983-7111, Ext. 8233 - Fax: 269/982-8667
South County Building 1205 N. Front Street - Niles, MI 49120 269/684-5274
TO: FUTURE MARRIAGE LICENSE APPLICANTS:
The following is a summary of the marriage laws of Michigan for both residents and non-residents:
1. Michigan residents must apply in the county of residence of one of the applicants. Non-residents must be married in the county where they make application.
2. Both applicants must be 18 years of age or older. Exception may be made for applicants 16 and 17 years of age, provided one of his/her parents or legal guardians executes a consent form. (If a legal guardian signs, he must show guardianship papers, and in the case of divorce, the custodial parent must sign the form.) Applicants under 18 years of age should call the office for more detailed information.
3. Valid identification and social security number is required for both persons making application. Valid identification may consist of a current driver's license or state I.D. Berrien County residents must provide documentation showing residency.
4. On January 1, 2001, Michigan's Premarital law (Public Act 209 of 2000) went into effect. This law eliminated the requirement for a blood test or premarital counseling of couples applying for a marriage license. Instead, the law requires that couples be provided educational materials regarding prenatal care and the transmission and prevention of HIV and other sexually transmitted diseases.
5. Once the above requirements have been met, the couple may apply for their license. One applicant may make the application as long as he/she has the necessary information and I.D. for both parties, unless you apply online - then both applicants must appear.
6. There is a THREE DAY WAITING PERIOD. The waiting period consists of three days from the day of application. The license may be picked up at the office where you applied on or after the third day unless that day is a Saturday, Sunday, or legal holiday. In that case, the license may be picked up on the first working day after the weekend or holiday. Be prepared to provide the identification information mentioned above.
7. The license is valid for 33 days from the first day after the date of application.
8. The fee is $20.00 for Michigan residents and $30.00 for out-of-state residents. MICHIGAN MARRIAGE LICENSES MUST BE USED IN THE STATE OF MICHIGAN. All participating witnesses to the ceremony must be 18 years of age or older.
9. The St. Joseph office hours are 9:30 a.m. - 5:00 p.m., Monday through Friday. The Niles office hours are 9:00 a.m. - noon, 1:00 p.m. - 5:00 p.m., Monday through Friday. Marriage applications/licenses will be be processed from 9:30 a.m. to 4:30 p.m. Please allow 30 minutes for processing when you pick up your marriage license.
SUMMARIES OF CERTAIN MICHIGAN MARRIAGE LAWS
R.S. 1846, Chap. 83 (Amended by Act No. 44, P.A. 1956, Act No. 324, P.A. 1996)
SECTION 1. Section 2 of chapter 83 of the Revised Statutes of 1846, being section 551.2 of the Compiled Laws of 1948, is hereby amended to read as follows:
SEC. 2. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of parties capable in law of contracting, is essential. Consent alone will not be enough to effectuate a legal marriage from and after January 1, 1957. Consent must be followed by the issuance of a license as provided for by section 1 of Act No. 128 of the Public Acts of 1887, as amended, being section 551.101 of the Compiled Laws of 1948, or as provided for by section 1 of Act No. 180 of the Public Acts of 1897 as amended, being section 551.201 of the Compiled Laws of 1948, and solemnization, as authorized by sections 7 to 18, inclusive, of this act,
SEC. 3. No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, nor his sister, brother's daughter, sister's daughter, father's sister, mother's sister, or cousin of the first degree, or another man.
SEC. 4. No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, nor her brother, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree, or another woman.
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