Idaho Code
Idaho Code § 32-301 (2026)
How solemnized.
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How solemnized.
All marriages shall be solemnized, authenticated and recorded as provided in this chapter. On and after January 1, 1996, any marriage contracted or entered into in violation of the provisions of this title shall be void.
Notes of Decisions
Cited in 8
cases, 1941–2004 · leading case: Matter of Est. of Eliasen, 668 P.2d 110 (Idaho 1983).
Matter of Est. of Eliasen, 668 P.2d 110 (Idaho 1983). “2d 356 (1982), we noted that the doctrine of common law marriage was preserved in Idaho by I.C. § 32-301, and that the manner in which a marriage can be proved is outlined by I.”
Dire v. Dire-Blodgett, 102 P.3d 1096 (Idaho 2004). “” The provisions of Title 32, Idaho Code, require both the issuance of a license and solemnization.”
Metro. Life Ins. v. Johnson, 645 P.2d 356 (Idaho 1982). “— Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary.”
Wilkins v. Wilkins, 48 P.3d 644 (Idaho 2002). “I.C. § 32-301. HOW SOLEMNIZED.— Marriage must be solemnized, authenticated and recorded as provided in this chapter, but noncompliance with its provisions does not invalidate any lawful marriage.”
Freiburghaus v. Freiburghaus, 651 P.2d 944 (Idaho Ct. App. 1982). “One is a marriage that is solemnized by a person authorized to perform marriages, witnessed, authenticated, with a certificate recorded, as provided by I.C. §§ 32-301 through 32-309. The trial judge found, "[t]here was no evidence of a solemnized marriage with a license" between…”
Matter of Est. of Wagner, 893 P.2d 211 (Idaho 1995). “ Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties or…”
N. Pac. Ry. Co. v. Shoshone Cnty., 116 P.2d 221 (Idaho 1941). “The declared purpose of this section is to permit but not to require the raising of additional revenues for a county equalization program, in addition to the state minimum education program, in such counties as may elect to take advantage of the provisions of this act.”
Hall v. Becker, 893 P.2d 211 (Idaho 1995). “— Marriage is a personal relation-arising out of a civil contract, to which the consent of parties capable of making it is necessary.”
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