Same-sex marriage and Utah – what you need to know

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3 years ago


 I am already legally married in another state. Do I need to get married in Utah as well?

Technically, no. However, as a matter of practicality, I have heard conflicting reports from different county clerk offices.

 

I have advised my clients to go to the clerk and apply for a license, but make it clear on the application that you have a valid marriage from out-of-state. That way, you cannot be charged with lying on a government form. Again, technically, one license is all you are supposed to need. But I have heard many county clerks are used to issuing additional licenses for different reasons such as couple losing their first license or for couples that want to get a marriage license from all 50 states as a sort of symbolic thing. Either way, the most important thing is to be upfront with the application so you avoid any possibility of criminal charges. Some clerks have still issued second licenses; other clerks have declined to issue a license.

 

If you are issued a Utah license, and were clear and honest on the application, you are doubly covered. If the clerk declines to issue you a Utah license, go to the county recorder office and ask to register your out-of-state license and make sure the recorder's office gives you some verification that your marriage has been officially recognized.

 

Regardless of which of these outcomes you reach, I would start that process immediately.

Tags:  LGBTQ