(1) A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state. (2) (a) A license issued within this state by a county clerk may only be used within this state. (b) A license is considered used within this state if the officiant is physically present in the state at the time of solemnization of the marriage. (c) A license is not considered used within this state when the parties to the marriage are not physically present in the state in the same location as the officiant, unless: (i) the county issuing the marriage license posts on the county's website, in writing, a sufficient warning that an online marriage solemnized in this state may be invalid in the country where the parties to the marriage reside; and (ii) the officiant reiterates the warning described in Subsection (2)(c)(i) verbatim immediately before solemnizing the marriage. (3) A warning described in Subsection (2)(c)(i) is considered sufficient if the warning: (a) appears prominently on the county's website and in the same location on the website as an application for a marriage license; (b) is in bold type of the same or larger font size as the text of the instructions for applying for a marriage license; and (c) is stated in full in at least English, Spanish, Portuguese, Tagalog, French, and Mandarin Chinese on the website. (4) A marriage is considered solemnized if: (a) the parties to the marriage have a valid marriage license; (b) each party to the marriage willingly, and without duress, declares their intent to enter into the marriage; (c) each party to the marriage has filed all required affidavits with the county clerk that issued the marriage license as required under Subsection 81-2-303(5)(a); (d) an officiant pronounces the parties as married; and (e) at least two individuals 18 years old or older witness the declarations of intent and the pronouncement. (5) A license that is not used within 32 days after the day on which the license is issued is invalid.
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