CHAPTER 187

SB 176 – FINAL VERSION

2011 SESSION

11-1035

05/04

SENATE BILL 176

AN ACT relative to marriage licenses.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Kelly, Dist 10; Sen. Houde, Dist 5; Sen. Gallus, Dist 1

COMMITTEE: Judiciary

ANALYSIS

This bill removes obsolete references to the 3-day waiting requirement for a marriage license and clarifies when a certified copy of a divorce decree or death certificate is required.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1035

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to marriage licenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

187:1 Marriage Registration Forms; Reference Change. Amend RSA 5-C:41, VI to read as follows:

VI. Pursuant to RSA 457:26, the date that the marriage license is issued shall be not [less than 3 days nor] more than 90 days from the date that marriage intentions were filed.

187:2 Marriage License and Registration. Amend RSA 5-C:42, VIII to read as follows:

VIII. When both applicants for a marriage license are nonresidents of New Hampshire, both applicants shall be at least 18 years of age and, in accordance with RSA 457, there shall be no provision for an age waiver [and there shall be no time waiver of the 3-day waiting period] if both applicants and his or her parents are nonresidents of New Hampshire.

187:3 Marriage License and Registration. Amend RSA 5-C:42, XIV to read as follows:

XIV. The date of the signing of the worksheet by either the bride or groom, or the earlier of 2 dates if applicable, shall be used by the clerk of the town or city to indicate when the intention of marriage was received and recorded and the date to be used to establish the beginning of the time period during which the license shall be valid. The marriage license shall be valid pursuant to RSA 457:26 for not [less than 3 days nor] more than 90 days from the date the marriage intentions were filed. When 90 days have elapsed from the date the marriage intentions were filed and a completed marriage certificate or a delayed certificate of marriage has not been processed, the clerk of the town or city shall make a notation on the marriage application worksheet stating the marriage presumably did not take place. In the case where the marriage certificate is received within 6 months of the end of the 90-day period, the clerk of the town or city shall remove the notation and issue the certificate. In the case where the marriage certificate is received more than 6 months after the end of the 90-day period, the clerk of the town or city shall follow the procedure for issuing a delayed certificate of marriage.

187:4 Delayed Certificate of Marriage. Amend RSA 5-C:52, II(e) to read as follows:

(e) A certified copy of a divorce decree dissolving the marriage in question.

187:5 Marriage License. Amend RSA 457:23, I(b) and (c) to read as follows:

(b) A certified copy of the final divorce decree, if either or both parties are divorced; and

(c) A certified copy of the death record of spouse, if either or both parties are widowed.

187:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 14, 2011

Effective Date: August 13, 2011