Legal Requirements for Marrying a Prison Inmate

Marriage is a way to commit to your partner and get legal recognition as a legally married couple. Some spouses have an idea of a dream wedding, but reality can limit your options. Wanting to marry someone serving time in prison can be very restricting. You’ll have to follow the state rules for marrying a prison inmate. You also may have to have the wedding take place in jail.

Different states have different laws for marriage and eligibility. A local family law lawyer can explain the process and your legal options. If you want to marry a prison inmate, talk to a local family law lawyer for legal advice.

Can You Marry a Prison Inmate?

If you and your intended spouse meet the legal requirements for marriage eligibility, you can marry a prison inmate. The Supreme Court recognizes marriage as a fundamental right. This includes same-sex and opposite-sex marriage rights.

However, marrying a prison inmate has some restrictions. You have to meet your state’s legal requirements for marriage and make a request with the prison facility. State eligibility requirements are basic. Generally, you must be of marriageable age, mentally competent, and not married to someone else. States also have minimum residency requirements.

Can You Get Leave From the Prison for a Wedding?

Sometimes, the corrections department may grant a family furlough or community leave. This will allow you to have the wedding outside of prison. However, this depends on the department’s furlough procedures. Talk to a lawyer about how to request leave for the wedding so you don’t have to get married behind bars.

What Documents Do You Need for a Prison Wedding?

The correctional facility may also require an inmate marriage request form. The form may ask about prior marriages and children. Inmates usually have to request permission to marry from the corrections department. The inmate may need a premarital counseling session for the wedding approval.

You and your fiancé must provide proof of identity to get a marriage certificate. Prospective spouses must also be of sound mind and meet the state’s legal age for marriage. Documents for a marriage may include:

• Copy of your driver’s license or photo identification
• Birth certificate
• Copies of divorce degrees for prior marriages

How Do You Get a Marriage License for Marrying Someone in Jail?

You may have to find a qualified officiant for a prison marriage. The type of officiant who can perform a legal marriage depends on state law. Generally, an officiant includes judges, pastors or priests, or a facility chaplain. You can contact the Department of Corrections to find an approved officiant to perform the marriage ceremony.

Both prospective spouses and the wedding officiant will sign the marriage license. You can get a marriage license from your county clerk, and your officiant can file it with the state after the wedding ceremony. The inmate and their spouse are responsible for all the costs associated with the wedding ceremony.

Do Married Inmates Get Conjugal Visits?

Conjugal visits are private time with a prison inmate. Traditionally, this allowed married couples to have intimate time with each other. Conjugal visits can happen in a designated room, trailer, or cabin, depending on the type of prison facility. The visit area is private and isn’t monitored by a prison guard or prison staff.

Generally, federal prisons don’t allow conjugal visits for inmates, married or unmarried. Some states allow conjugal visits in state prisons or jails. In most states, conjugal visits are now called extended family visitation. It can include partners, parents, children, or other family members.

States that do allow conjugal visits for some prisoners include:

• California
• Minnesota
• Mississippi
• New York
• South Carolina

Do Married Inmates Get Marital Protections?

There are many legal benefits for married couples. This includes tax benefits, citizenship eligibility, and health care benefits. These protections will also apply to the prison inmate and their spouse. Some examples of marital benefits include:

• Citizenship through naturalization after marrying a U.S. citizen
• Preferred federal income tax treatment
• Inheritance rights
• Healthcare insurance and hospital visitation rights

However, partners should also consider the liabilities of marriage. You may be financially liable for joint debts and marital liabilities.

How Can a Lawyer Help With Marrying an Inmate?

To have a valid marriage, you must follow state marriage laws. When marrying an inmate, you must also get approval from the Department of Corrections or Bureau of Prisons. A family law attorney can explain the process and help you get approval for the marriage.

If there are problems with the inmate’s request for a wedding, your attorney can help. Contact a family law attorney to talk about your options for marrying a loved one in prison.