Sec. 25.05.011. Civil contract.
(a) Marriage is a civil contract entered into by one man and one woman that requires both a license and solemnization. The man and the woman must each be at least one of the following:
(1) 18 years of age or older and otherwise capable;
(2) qualified for a license under AS 25.05.171
; or
(3) a member of the armed forces of the United States while on active duty.
(b) A person may not be joined in marriage in this state until a license has been obtained for that purpose as provided in this chapter. A marriage performed in this state is not valid without solemnization as provided in this chapter.
Sec. 25.05.013. Same-sex marriages.
(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
Sec. 25.05.021. Prohibited marriages.
Marriage is prohibited and void if performed when
(1) either party to the proposed marriage has a husband or wife living; or
(2) the parties to the proposed marriage are more closely related to each other than the fourth degree of consanguinity, whether of the whole or half blood, computed according to rules of the civil law.
Sec. 25.05.031. Voidable marriages.
If either party to a marriage is incapable of consenting to it at the time of the marriage for want of marriageable age of consent or sufficient understanding, or if the consent of either party is obtained by force or fraud, or if either party fails to consummate the marriage, the marriage is voidable but only at the suit of the party under the disability or upon whom the force or fraud is imposed.
Sec. 25.05.041. Matters insufficient to render marriage voidable.
(a) If a marriage is in other respects lawful and is consummated with the full belief on the part of the persons married, or either of them, that they have been lawfully joined in marriage, then the marriage is not voidable for any of the following reasons:
(1) the licensing officer did not have jurisdiction to issue the license;
(2) there was an omission, informality, or irregularity of form in the application for the license or in the license itself;
(3) either or both witnesses to the marriage were incompetent;
(4) the marriage was solemnized after the expiration date of the license;
(5) there were no witnesses to the marriage if the valid license was issued and if the solemnization of the marriage can be otherwise proven.
(b) If a license has been issued and the marriage solemnized as provided in this chapter and the parties to it have immediately thereafter assumed the habit and repute of husband and wife and have continued to cohabit as husband and wife for one year or until the death of either of them, the marriage shall not be void or voidable solely on the ground the license cannot be produced.
Sec. 25.05.051. Effect of existing former marriage.
If, during the lifetime of a husband or wife with whom a marriage is still in force, a person remarries and the parties to the subsequent marriage live together as husband and wife, and one of the parties to the subsequent marriage believes in good faith that the former husband or wife is dead or that the former marriage has been annulled or dissolved by a divorce or is without knowledge of the former marriage, then after the death or divorce of the other party to the former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, they are legally married from the time of removal of the impediment, and the issue of the subsequent marriage are the legitimate issue of both parents, whether born before or after the removal of the impediment.
Sec. 25.05.061. Marriage without license.
A marriage contracted after January 1, 1964, is void unless a license has first been obtained as provided in this chapter. If the parties to a marriage void for failure to obtain a license validate the marriage by complying with the requirements of this chapter, the issue of the void marriage are legitimate.
Sec. 25.05.071. Persons to issue license.
A licensing officer is the only official who may issue marriage licenses under this chapter.
Sec. 25.05.081. Marriage commissioners.
The presiding judge in each judicial district may, if the public interest requires, appoint one or more suitable persons as marriage commissioners. The presiding judge shall describe the marriage commissioner's area of jurisdiction in the order of appointment. A marriage commissioner may, within that jurisdiction, solemnize marriages in the same manner as a district judge or magistrate and may exercise any power, other than the power to issue marriage licenses, necessarily incident to the duties of a marriage commissioner. The clerk of court shall issue to the marriage commissioner a certified copy of the order of appointment and send a copy of it to the bureau.
Sec. 25.05.091. Application for license; disclosure for child support purposes.
(a) One of the contracting parties to a prospective marriage shall, at least three days before the time of issuance, file with the licensing officer written, verbal, or telegraphic application for a license. Before issuance of the license, each contracting party shall make a statement under oath that the contemplated marriage meets the requirements of law, giving the names, relationship if any, residence, occupation, and age of each party; naming guardians of any party under the legal age for marriage; and describing any prior marriage of either party, and the manner of dissolution of it. This statement may be made and executed before a notary public or postmaster who shall certify it to the licensing officer.
(b) In addition to the requirements of (a) of this section, each contracting party to the prospective marriage shall provide to the licensing officer the party's social security number, if any. Upon request, the licensing officer shall provide a social security number provided under this subsection to the child support enforcement agency created in AS 25.27.010
, or the child support enforcement agency of another state, for child support purposes authorized under law.
Sec. 25.05.101. , 25.05.105. Premarital certificate; prescribed tests. [Repealed, Sec. 4 ch 134 SLA 1984].
Repealed or Renumbered
Sec. 25.05.111. Issuance of license.
(a) A marriage license may not be issued unless both of the contracting parties are identified to the satisfaction of the licensing officer. If all requirements have been met, and there is no legal objection to the contemplated marriage, and neither party is under the influence of intoxicating liquor or otherwise incapable of understanding the seriousness of the proceeding, the licensing officer shall issue a license.
(b) With a license issued under (a) of this section, the licensing officer shall also give to the parties written information about fetal alcohol effects and the fetal health effects of chemical abuse and battering during pregnancy. The Department of Health and Social Services shall prepare or obtain this information and submit it in distributable form to each licensing officer in the state.
Sec. 25.05.121. Marriage license.
The marriage license issued by a licensing officer in this state authorizes the marriage ceremony to be performed anywhere in the state. The license shall be directed "to any person authorized by the laws of this state to solemnize marriage," and shall authorize that person to solemnize marriage between the parties identified by the license within three months of the date of the license. If either party is not of legal age for marriage, that party's age and the fact of the consent of the parents or guardian of the underaged party shall be stated. If either party has previously been married, the number of previous marriages shall be stated. The registrar may require other matter necessary to identify the parties to be included in the license. The issuance of a license does not remove or dispense with any legal disability, impediment, or prohibition rendering marriage between the parties illegal, and a statement to that effect shall be included in the license.
Sec. 25.05.131. - 25.05.151 Medical reports. [Repealed, Sec. 4 ch 134 SLA 1984].
Repealed or Renumbered
Sec. 25.05.161. Waiver of waiting period.
If a three-day waiting period would result in undue hardship or delay in an individual case, the licensing officer may waive the three-day requirement.
Sec. 25.05.171. Persons capable of consenting to marriage: Minimum ages, and consent of parents or guardian.
(a) A person who has reached the age of 16 but is under the age of 18 shall be issued a marriage license if the written consent of the parents, the parent having actual care, custody, and control, or a guardian of the underaged person is filed with the licensing officer issuing the marriage license under AS 25.05.111
.
(b) A superior court judge may grant permission for a person who has reached the age of 14 but is under the age of 18 to marry and may order the licensing officer to issue the license if the judge finds, following a hearing at which the parents and minor are given the opportunity to appear and be heard, that the marriage is in the best interest of the minor and that either
(1) the parents have given their consent; or
(2) the parents are
(A) arbitrarily and capriciously withholding consent;
(B) absent or otherwise unaccountable;
(C) in disagreement among themselves on the question; or
(D) unfit to decide the matter.
Sec. 25.05.181. Waiver order. [Repealed, Sec. 4 ch 134 SLA 1984].
Repealed or Renumbered
Article 04. FORMS, RECORDS AND REPORTS
Sec. 25.05.191. Marriage license application.
A licensing officer shall make available an application for a marriage license for completion by the parties who wish to be married. The officer shall keep the completed applications, a record of licenses issued, and all other information that the officer is required by law to obtain. These records shall be kept in the office of the licensing officer and shall be open for public inspection or examination during normal office hours.
