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 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.
https://www.inmateaid.com/ask-the-inmate/i-have-been-with-the-father-of-my-kids-for-9years-hes-serving-2-years-at-the-cnmcf-level-2-can-we-get-married-while-hes-locked-up-can-i-visit-him-without-being-married#answer
Accepted Answer Date Created: December 20,2014