Reviewed on: April 17,2016

What should i do to marry my inmate, while he is in prison? How do i get started?

I want to Marry my inmate, while he is in prison. What should i do? How do i get started?

Asked: May 30,2015
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1
Inmates who are serving less than a year will usually have their application for marriage denied with the presumption being that such a short wait will not harm the prisoner or prospective spouse. Each partner must be legally eligible and mentally competent to marry. Marriages may be blocked for security or disciplinary reasons; solitary confinement can block access to marriage. Most states do not allow marriage for inmates on death row; California is at least one exception to that rule. Some jurisdictions, such as the state of New York, do not allow an inmate to marry another inmate. Some other jurisdictions may allow an inmate to participate in a proxy marriage, or a double-proxy marriage. These are marriages where either the incarcerated party or the outside partner, or both, cannot be present at the solemnization of the marriage. Those seeking to marry should approach the warden or chaplain to determine the individual requirements for marriage at each particular institution. Step 1 Call the prison and speak to the chaplain or other knowledgeable person to find out the requirements to marry an inmate at this particular jail. Step 2 As with anything else regarding marriage law in prison, there will be differences among institutions regarding the time needed, necessary documentation, required witnesses, cost or fees, acceptable officiates to perform the marriage, and other necessities. For instance, the outside partner may need to travel or book a hotel room. Step 3 Both partners must have adequate identification to prove age of consent and residency. This could be a state identification card or driver’s license, a birth certificate, or a passport; you may be required to have two or more forms of identification. Each institution usually has a marriage packet that includes most of the paperwork needed to obtain a marriage. This must be returned along with a fee that could range from $100 to $200. This application may take anywhere from a week to a month or two to process. You will then need to apply for a marriage certificate, and the cost and waiting times will vary among jurisdictions. The incarcerated person will have to provide an Affidavit of Inability to Appear form, which must be notarized in the presence of the inmate. For this a notary fee will be required. Step 4 A marriage officiate must be chosen; that will require a fee. At least one, perhaps two witnesses to the marriage will be needed. All expenses must be paid by the inmate or the outside partner. Money orders are usually the only acceptable payment for every fee required, so be prepared for that expense and inconvenience. Step 5 Once the marriage certificate is filled out and signed by all parties, it should be returned to the jurisdiction registrar for recording so copies may be requested in the future. Step 6 Although this is not the easiest way to get married, marrying an inmate can be done with some patience and attention to detail. Be very careful throughout the process and keep copies of all documents and money order receipts in a safe place. You will probably not be allowed much time with your new spouse after the marriage. Don’t plan on consummating the marriage unless the institution allows conjugal visitation (VERY RARE if at all), and only if you have set up the accommodations beforehand.
Accepted Answer Date Created: May 31,2015

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