Marriage - What qualifies one for a 'secret' marriage?

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Question

Is there any way to get a marriage license in Michigan  without having to live in the county you apply in?  We want a private marriage and don't quite want it in the papers. (We realize it is public record.)  We are in our 50's and just want to get married quietly without the entire family knowing yet.  We don't mind everyone knowing at a later date, but not right now.  We are also working on a Living Trust and would like to finalize that.  It would be simpler if we were married and could finish the paperwork. What qualifies one for a 'secret' marriage?

Answer

The "secret" marriage provisions are as follows:

MCL 551.201   Issuance of marriage license without publicity; conditions; application; notice; consent; exceptions; order. [M.S.A. 25.51 ]

Sec. 1. (1) When a person desires to keep the exact date of his or her marriage to a person of the opposite sex a secret, the judge of probate may issue, without publicity, a marriage license to any person making application, under oath, if there is good reason expressed in the application and determined to be sufficient by the judge of probate.

(2) The judge of probate may marry, without publicity, persons under marriageable age, as provided in section 3 of Act No. 128 of the Public Acts of 1887, being section 551.103 of the Michigan Compiled Laws, if the application for the license is accompanied by 1 of the following:

(a) A written request of all of the biological or adopting living parents of both parties, and their guardian or guardians if either or both of the parents are dead.

(b) A written request of the parents or guardians of the party under marriageable age if only 1 party to the marriage is under the marriageable age.

(3) If the non custodial parent has been given notice of the request for consent by personal service or registered mail at his or her last known address and the non custodial parent fails to enter an objection within 5 days after receipt of notice, then the consent shall be required only of a parent to whom custody of a child has been awarded by a court. The consent shall not be required of a parent confined under sentence in a state or federal penal institution or confined in a mental hospital under adjudication of legal incapacity by a court of competent jurisdiction or upon the return of process by the sheriff of the county in which the parent was last known to reside made not less than 5 nor more than 14 days after issuance of the process certifying that after diligent search the parent cannot be found within the county.

(4) The judge of probate may authorize an order nunc pro tunc regarding the date to appear on the marriage license.

You may also wish to consider the possibility of going to another state to have the marriage performed.

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Last Updated:  4-15-02

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov