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.
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, and only if you
have set up the accommodations beforehand.
Once the sentence is served, you can become
newlyweds again with gowns and tuxedos, champagne and cake, in a proper venue
outside prison walls.
https://www.inmateaid.com/ask-the-inmate/how-can-i-marry-inmate-in-there-n-how-much-is-it#answer