Cecily Zamora
While California has not passed a law stating that 10-year-olds can marry, the state has gained attention for its stance on child marriage. California is one of nine states in the US with no minimum age requirement for marriage. Although minors under 18 require parental consent and a court order to marry, there is no federal law banning child marriage. This has sparked controversy, with advocates arguing that it creates a loophole where marriage can legitimize sexual activity between an adult and a minor. Efforts to outlaw child marriage in California are ongoing, with legislation introduced in February 2024 to prohibit marriage for minors under 18.
| Characteristics | Values |
|---|---|
| California's 10-year marriage rule | Myth |
| Marriage length impact on spousal support | Fact |
| California's recognition of common-law marriages | Not recognized |
| Minimum age for marriage in California | No minimum age |
| Child marriage in California | Legal |
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What You'll Learn
California has no minimum age for marriage
There is no minimum age for marriage in California. While this may come as a surprise to many, it is a fact that the state has no legislated minimum age for marriage. This means that, in theory, even a child could be married with the appropriate authorisation from a parent and a court order. This is a stark contrast to other states in the US, where the minimum age for marriage without parental consent is typically 18 years old.
The lack of a minimum age requirement for marriage in California has raised concerns among advocates and child rights groups, who view it as a loophole that can sanction what would otherwise be considered a crime. According to California law, if a minor is married, the state's definition of unlawful sexual activity between an adult and a minor does not apply. This creates a situation where an adult can potentially use marriage as a “get out of jail free card” to avoid being prosecuted for statutory rape.
Despite the concerns raised, there are also groups that argue against imposing age requirements for marriage. For example, Planned Parenthood Affiliates of California has stated that protections against exploitation should not impede on the reproductive rights of minors and their ability to make decisions about their health and lives. Additionally, the organisation did not support past attempts to set a minimum age for marriage due to concerns that it could set a precedent that undermines minors' rights to seek abortions.
While there is no minimum age for marriage in California, there are still some restrictions and requirements in place for minors seeking to wed. Firstly, the state requires approval from a guardian and a court order. Additionally, the minimum age for sexual consent in California is 18, and anyone over that age engaging in intercourse with a minor can be charged with statutory rape, even if they are married to the minor.
In recent years, there have been efforts to address the issue of child marriage in California. In 2021, Assembly Bill 1286 was introduced, which aimed to improve transparency around minor marriages. This legislation would require counties to report minor marriages four times a year and for the state registrar to report the data online and to the legislature. While this bill did not set a minimum age for marriage, it was a step towards increasing awareness and scrutiny of underage marriages in the state.
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Marriage under 18 requires parental consent and a court order
In California, there is no federal law banning child marriage. It is one of only nine states in the US that does not set a minimum age for marriage. This means that, in theory, a 10-year-old could marry with parental consent and a court order. However, there is legislation underway to ban child marriage in California, setting the limit to 18 years of age.
The 10-year rule in California is a common myth. It refers to divorce laws where if a couple was married for at least ten years, they might qualify for lifelong alimony. In marriages of less than 10 years, spousal support is typically granted for half the length of the marriage. However, for marriages of 10 years or more, they are often considered "lengthy" or "long-term", and the court may not set a definite termination date for spousal support. Nevertheless, this does not mean that a spousal support termination date cannot be established in the future.
The 10-year rule also refers to whether a marriage is considered a long-term or short-term marriage. If a couple has been in a legally recognized marriage for ten years or longer, it is a long-term marriage. This only impacts a couple if they divorce. Divorcing couples who were married for ten years or longer generally have higher spousal support. They could also receive their ex-spouse's Social Security benefits. However, spousal support is still not mandatory.
In California, the age of sexual consent is 18 without exception, and anyone over that age engaging in intercourse with a minor can be charged with statutory rape. However, this does not apply if the minor is married to the adult. This creates a loophole in which the act of marriage can sanction what would otherwise be a crime. Marrying a minor amounts to a "get out of jail free card".
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Child marriage is considered a human rights abuse
There is no evidence that California has passed a law stating that 10-year-olds can marry. However, California is one of nine states in the US that does not set a minimum age for marriage. A person under 18 can marry with the consent of one parent and a judge following a review of the case, including interviews with the parties involved. This has led to marriages in the state between minors and adults, such as a 16-year-old girl and a 20-year-old man in San Diego County.
Child marriage violates many human rights, including the right to education, freedom from violence, reproductive rights, access to reproductive and sexual healthcare, employment, freedom of movement, and the right to consensual marriage. It threatens the health and well-being of girls, with complications from pregnancy and childbirth being the main cause of death among adolescent girls aged 15-19 in developing countries. Child brides are also at greater risk of contracting HIV/AIDS and suffering domestic violence, emotional abuse, and discrimination in their husbands' and in-laws' homes.
Child marriage disrupts education, limiting opportunities for financial independence and increasing vulnerability to persistent poverty. It also results in early and frequent pregnancy and childbirth, leading to higher maternal morbidity and mortality rates. The practice is particularly widespread in conflict-affected countries and humanitarian settings. Despite some legal protections, authorities often fail to enforce them or prosecute perpetrators, and many countries do not criminalize domestic violence and marital rape.
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Minors coerced into marriage are unlikely to tell court officials
There is no evidence of California passing a law stating that 10-year-olds can marry. However, it is true that California, like many other U.S. states, does not have a minimum age requirement for marriage. Minors seeking to marry in California require approval from a guardian and a court order. While this law is in place to protect minors, there are concerns that it creates a loophole where marriage sanctions what would otherwise be considered statutory rape.
In response to these concerns, legislation is underway to establish 18 years as the minimum age for marriage in California. This proposal, known as SB 404, initially aimed to ban underage marriage entirely. However, it faced opposition and was modified to require a minimum age of 18 years. Even in its current form, the bill has encountered legal challenges and resistance from unexpected groups.
The issue of minors being coerced into marriage is a complex one, and it is not uncommon for victims of abuse to be reluctant to disclose their situation to court officials. This reluctance may stem from fear of repercussions at home or a sense of protecting their family and community members from criminal charges. Unfortunately, this dynamic can create a legal situation where the minor sees death or self-harm as the only way out.
To address these challenges, organizations like Unchained at Last have added advocacy arms dedicated to ending child marriage through legislation. They have worked with states to introduce bills that would prevent the marriage of minors without exceptions, but the lack of successful bans highlights the ongoing struggle to balance individual rights and freedoms with the need to protect minors from abuse and coercion.
While California has a rigorous process to regulate marriage involving minors, the absence of a minimum age requirement leaves a loophole that can be exploited. The proposed legislation to set a minimum age of 18 years for marriage in California is a step towards closing this loophole and ensuring that minors are protected from coerced or forced marriages.
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California has no federal law governing the legal age of marriage
There is currently legislation underway to ban child marriage in California, setting the limit to 18 years of age. However, some groups are fighting to keep child marriage legal in the state. For example, Planned Parenthood Affiliates of California has not supported past attempts at imposing age requirements for marriage due to concerns about undermining minors' rights to seek abortions.
In California, a person under 18 can marry with the consent of one parent and a judge, following a review of the case that includes interviews with the parties involved. Marriages reported to the state in 2022 include one between a 16-year-old girl and a 20-year-old man in San Diego County and a 17-year-old girl and a 23-year-old man in Stanislaus County.
The "10-year rule" in California refers to divorce laws, where marriages lasting 10 years or longer are considered "lengthy" or "long-term" and may impact spousal support and property division. However, this does not mean that spousal support will continue indefinitely, and a termination date can be established in the future.
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Frequently asked questions
No, California did not pass a law saying 10-year-olds can marry. In fact, there is currently no minimum age requirement to get married in California, although minors seeking to wed require approval from a guardian and a court order. Legislation is underway to ban child marriage in the state, setting the limit to 18 years of age.
The 10-year rule is a common myth in California. It refers to the idea that marriages lasting 10 years or more are considered "lengthy" or "long-term", and may impact spousal support and property division during divorce proceedings. However, it does not guarantee indefinite spousal support.
Currently, there is no minimum age requirement to marry in California, making it one of nine states with no set minimum age. However, minors under 18 require consent from a parent and a judge, following a case review that includes interviews with the parties involved.
The absence of a minimum age requirement is due to varying laws across states, with some states setting the minimum age between 15 and 18. Additionally, there is no federal law banning child marriage in the United States.
Efforts are being made to outlaw child marriage in California. In February 2024, California Assemblymember Cottie Petrie-Norris introduced legislation to ban marriage for minors under 18. Cities like Laguna Beach have also demonstrated their support for passing such legislation.
