10- 146 C.M.R. ch. 6, § 2

Current through 2024-51, December 18, 2024
Section 146-6-2 - Intentions
A. Certification Signed
1. Each individual intending to be joined in marriage within the State of Maine shall file written notice of these intentions with the clerk of the municipality specified in subsection B. All of the information specified on the intentions form shall be provided by the applicant. The intentions shall include a signed certification that the information recorded on the intentions notice is correct and that the applicant is free to marry according to the laws of Maine.
2. If intentions are filed in person, the intentions of marriage notice application form shall be used and the certification statement shall be witnessed by the municipal clerk.
3. If intentions are filed by mail, the intentions of marriage notice application/worksheet form shall be used. The applicant's signature on the certification statement shall be witnessed by an official authorized to take oaths.
4. The intentions shall not be considered as filed until the required certification statement has been signed as specified in this subsection.
B. Where Intentions Are Filed
1. Each Maine resident shall file intentions in the municipality in which he or she resides.
2. If the parties reside in the same municipality, each shall sign the certification statement and file intentions form in the municipality of residence.
3. If only one of the parties is a Maine resident, intentions shall be filed in the municipality in which the resident party resides.
4. If neither party is a Maine resident, intentions shall be filed in the municipality in which the marriage ceremony is to take place.
5. If there is no clerk in the place where the parties reside, intentions shall be filed with the clerk of an adjoining town as specified in 22 M.R.S.A. §2703.
C. Public Inspection

All intentions of marriage notices shall be open for public inspection in the office of the municipal clerk in which they are filed.

D. Cautions
1. Anyone who believes that persons are or may be attempting a prohibited marriage may file a caution, before or within 3 days after intentions are filed, with the clerk or clerks where intentions should be filed pursuant to subsection B above.
2. Cautions shall be written and shall clearly identify the parties involved, shall state the reason why the persons cannot marry, and shall be signed and acknowledged under oath.
3. A ruling by the probate judge from the county involved shall be obtained by the person filing the caution within 7 days after the caution is filed. If the probate judge needs more than 7 days to render a decision, the judge shall certify to the clerk or clerks that additional time is needed.
4. If a caution has been filed, the marriage license shall be withheld until the probate judge issues a ruling or until 7 days pass without action from the probate judge.
5. If the person filing the caution fails to seek a court ruling within 7 days or withdraws the caution, the marriage license shall not be withheld longer than 7 days.
6. If the probate judge rules that the caution is insufficient grounds for withholding the marriage license, the person filing the caution shall be responsible for the cost of the court hearing pursuant to 19 M.R.S.A. §92.
E. Fees

The fee(s) for filing intentions of marriage, as specified in 30 M.R.S.A. §2352, shall be paid at the time of filing.

10- 146 C.M.R. ch. 6, § 2