Section 146-6-3 - LicenseA. License required 1. A valid Maine marriage license is required for a marriage to be solemnized in Maine.2. A marriage license issued in Maine is void if not used within 90 days from the date intentions are filed in the office(s) of the municipal clerk(s).3. If both parties to the intended marriage are non-residents, the license is valid only for the municipality in which it is issued.B. Issuing Clerk The clerk of each municipality in which intentions have been filed as specified in section 2, subsection B, shall issue a marriage license authorizing the marriage of the parties named in the intentions, providing the conditions specified in subsection C are satisfied.
C. Conditions for Issue 1. Intentions Filed Intentions bearing the signed certification statement of each applicant shall be on file for 3 days. This applies to residents and nonresidents alike.
2. Certification Statements Signed a. Each party to the intended marriage shall complete the license or licenses by appearing in person before the municipal clerk to sign the certification statement on the original and the State copy.b. If intentions have been filed in two municipalities, each party shall appear in person in each municipality to complete each license by signing the certification statement on the original and the State copy.c. If either of the parties to the marriage are incarcerated in a state correctional facility, the license may be issued without each original signature. The signature of the incarcerated person shall be obtained on the original copy at the time the ceremony is performed and shall be indicated on the state copy by entering the typed or printed name and "/s/" to signify that the original signature is on file at the municipal office where the license was issued.3. Related Parties: Parties related as described in 19 M.R.S.A. §31, subsection 2 (i.e., "first cousins") shall present a certificate of genetic counseling.
4. Parties under 18 Years of Age a. Persons under 18 years of age shall present the written consent of their parents, guardians, or persons to whom a court has given custody.b. If both parents are living and have joint custody, the written consent of each shall be presented.c. In the absence of persons qualified to give consent, the Judge(s) of Probate in the county(ies) where the minor(s) reside(s) may grant consent, after notice and hearing.d. When two licenses are required and when either or both applicants are under 18 years of age, the written consent either shall be given in the presence of the clerk of the municipality in which each minor resides and be recorded on the reverse side of the original marriage license or shall be recorded on a separate parental consent form, signed and witnessed by an official authorized to take oaths.5. Parties under 16 Years of Age a. Persons under 16 years of age shall satisfy all of the conditions specified in paragraph 4 of subsection C of this section.b. The municipal clerk shall notify the Judge(s) of Probate in the county(ies) in which the minor(s) reside(s) and shall receive the probate judge's written consent before issuing a license, except as provided by subparagraph c below.c. If no written consent from the probate judge is received within 10 days after intentions have been filed, the license shall be issued.d. If the probate judge so orders, no license shall be issued.6. Previously Married Persons a. Persons previously married shall present a certified copy of the death certificate of the deceased spouse or of the record of divorce or annulment.b. Persons who have been widowed or divorced more than once need furnish only the certificate or record pertaining to their most recent spouse.c. The clerk shall record on the reverse side of the intentions form the name of the deceased, date and place of death; or, in the case of divorce or annulment, the name of the former spouse, date when the decree became absolute, and the title and location of the court.7. Nonresident Persons Persons who reside and intend to continue to reside in another state shall present an affidavit stating that they are free to marry by the laws of the state in which they reside as well as under the laws of the State of Maine.
8. Caution Filed If a caution has been filed, the license shall be issued only under the following conditions: a probate court ruling permitting the marriage has been received, the caution has been withdrawn, or 7 days have passed without further action by the person filing the caution. If the probate court judge certifies that further time is necessary, the license shall be withheld until the probate court judge has issued a decision.
D. License Issued 1. On or after the third day from the filing of intentions containing the signed certification statement, the clerk shall issue the marriage license to the parties intending to be joined in marriage.2. The specified statistical information shall be entered on the marriage license form if it was not recorded at the time intentions were filed. Notwithstanding this paragraph, the license shall be issued even if the parties do not furnish the statistical information, provided that all of the pertinent conditions, as specified in subsection C of this section, have been met.3. When satisfied that all of the requirements of law and rule have been met, the clerk shall sign the license authorizing the parties named on the license to be married under the laws of Maine.4. The original license, and the place of marriage copy if applicable, shall be issued to the applicant parties. The state copy shall be retained by the municipal clerk for transmittal to the state registrar after the original has been returned to the clerk.5. The license is valid for a period of 90 days from the date intentions are filed.6. The license may be issued to either of the parties, providing that the certification statements on the license have been signed by each party.7. The 3-day notice of intentions, as required by section 3.C.1 and paragraph 1 above, shall not apply in the following circumstances:a. Either of the parties to the intended marriage has arrived as an immigrant from a foreign country within 3 days of the intended marriage date.b. A court order waiving the 3-day waiting period is presented.c. An authoritative request is received from a minister, clergyman, priest, rabbi, or attending physician stating that the death of either party is imminent.10- 146 C.M.R. ch. 6, § 3