Conditions precedent to issuance of license

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TN Code › Title 36 › Chapter 3 › Section 36-3-104

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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(a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number. (b) (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement. Amended by 2024 Tenn. Acts, ch. 608,s 1, eff. 3/27/2024. Amended by 2019 Tenn. Acts, ch. 93, s 3, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 397, s 1, eff. 5/18/2017. 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.

(a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.

d either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.

(b) (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.

(1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.

(A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;

(B) A certified copy of the applicant's deployment orders; and

(C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.

(2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.

Amended by 2024 Tenn. Acts, ch. 608,s 1, eff. 3/27/2024.

Amended by 2019 Tenn. Acts, ch. 93, s 3, eff. 7/1/2019.

Amended by 2017 Tenn. Acts, ch. 397, s 1, eff. 5/18/2017.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Conditions precedent to issuance of license · Tenn. Code Ann. § 36-3-104 | Frix