Keith Mack
Marriage laws in the United States have been used to circumvent legal repercussions of sexual activity with minors. While child marriage was legal in all 50 states until 2018, 10 states have since passed bans to end the practice. The minimum age to marry, with or without parental consent, is determined by each state and territory, with the general marriage age being 18 in all states except Nebraska, where it is 19, and Mississippi, where it is 21. In some states, a minor is not emancipated by marriage, and legal proceedings are required to obtain an emancipation decree. This can result in legal complications if the minor wishes to separate from their partner or obtain a divorce. Notably, Colorado no longer recognizes common-law marriages entered by minors within the state or foreign common-law marriages involving minors.
| Characteristics | Values |
|---|---|
| States that recognize common-law marriages | Colorado, Montana, Texas, and the District of Columbia |
| States that do not recognize common-law marriages entered by minors | Colorado |
| States that do not recognize foreign common-law marriages entered by minors | Colorado |
| States that have banned child marriage | Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Vermont, Michigan, Rhode Island, Washington, Virginia, New Hampshire, Maine, Oregon, Texas, Florida, Kentucky, Arizona, Tennessee, Missouri, Ohio, Nebraska, Mississippi, and Puerto Rico |
| States that have raised the minimum age for marriage | Georgia, Texas, Connecticut, Florida, Kentucky, Arizona, Delaware, New Jersey, Missouri, Ohio |
| States that require parental consent for minors to marry | California, Idaho, Alabama, Guam, and all other states except the 15 that ban child marriage |
| States that require judicial authorization for minors to marry | California, Idaho, and all other states except the 15 that ban child marriage |
| States with no minimum age for marriage | Washington, California, New Mexico, Oklahoma, Michigan, Mississippi |
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What You'll Learn
Marriage laws and loopholes
Marriage laws and their loopholes have been exploited in the past, especially in the case of child marriages. Marriage laws in the United States vary from state to state, with each state and territory setting the minimum age for marriage. The general marriage age is 18 years in all states except Nebraska, where it is 19, and Mississippi, where it is 21. In Alabama, the general marriage age is 18, while the age of majority is 19.
Some states require parental consent, judicial authorisation, or both, for minors to marry, while others have no minimum age for marriage. For instance, in California, the general marriage age is 18, but children may marry with parental consent and judicial approval, with no minimum age limit. In Texas, only emancipated minors may marry, and those under 18 must provide a certified copy of the court order removing their minority status. In Guam, the general age is 18, but 16-year-olds can marry with the consent of at least one parent or guardian. In Georgia, the marriage age was raised from 16 to 17, and minors must be emancipated and complete a premarital education course.
Child marriage was legal in all 50 states until 2018, and since then, 10 states have passed bans. However, there are still loopholes in the system. For example, in West Virginia, a Republican spoke out against a proposed child marriage ban, expressing concern that young people would simply travel out of state to marry. In Idaho, which has one of the highest rates of child marriage, a bipartisan anti-child marriage bill was voted down, with representatives citing that parental consent should be sufficient.
The issue of child marriage has serious implications, with 70-80% of underage marriages ending in divorce, and minors often finding themselves locked in abusive marriages with no legal capacity to escape. The practice of child marriage has been justified in various ways, including religious or cultural traditions, avoiding legal repercussions of sexual activity with minors, and obtaining immigration visas.
Common-law marriage, recognised in a few states, refers to a marriage without a formal ceremony or certification. While it does not apply to minors in Colorado, it is unclear if foreign common-law marriages entered by minors are recognised in other states.
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Parental consent
In the United States, the minimum age at which a person can marry, with or without parental consent or other authorization, is set by each state and territory, either by statute or where the common law applies. The general marriage age is 18 years in all states except Nebraska, where it is 19, and Mississippi, where it is 21. In Alabama, the general marriage age is 18, while the age of majority is 19. The minimum marriage age was previously as low as 12 for females and 14 for males under English civil law until 1753.
The requirements for parental consent vary across states. For instance, in Nevada, a person can marry at 17 with parental consent, proof of residence, and a court order. In Guam, a minor aged 16 can marry with the consent of at least one parent or guardian. On the other hand, some states, like Delaware, have completely banned child marriage, eliminating the option of parental consent.
Historically, parents had control over their children's marriages, often influenced by estate and property considerations. However, with a better understanding of adolescent development, the minimum legal age for marriage has been raised over time. While some states have introduced bills to prevent the marriage of minors, exceptions with parental or judicial consent persist in many places.
It is important to note that child marriage, where one or both parties are below 18, is still legal in 36 states, and 20 states do not require any minimum age for marriage. This has led to concerns about minors being trapped in unwanted or abusive marriages, with limited legal rights to escape.
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Emancipation
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in seven states and the District of Columbia, along with some provisions of military law. Two other states recognize domestic common-law marriage after the fact for limited purposes.
Common-law marriage is a marriage that is legally recognized without a ceremony or certification of marriage. For a common-law marriage to be recognized, the couple must be legally free to marry, intend to establish a marriage, and be known to the community as husband and wife. However, it's important to note that the laws and requirements for common-law marriage vary by state and jurisdiction.
In terms of minors and common-law marriage, it appears that this varies by state as well. In some states, like Texas, only emancipated minors may marry. Emancipated minors are considered adults and can make their own decisions, enter into contracts, and live independently. The process of emancipation typically involves filing a petition with the court and demonstrating financial self-sufficiency. However, the specific requirements and procedures for emancipation can vary depending on the state and local laws.
In California, for example, the general marriage age is 18, but children may be married with parental consent and judicial approval, with no minimum age limit. On the other hand, Colorado does not recognize common-law marriages entered by minors in the state or foreign common-law marriages entered into by minors, even if valid in the location where they were entered into.
It's important to note that the information provided here may not be exhaustive and may not be up-to-date with the most recent legal changes. For specific legal advice regarding common-law marriage and emancipation laws in your state, it is recommended to consult with a lawyer or legal professional.
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Child marriage bans
Child marriage is a pressing issue in the United States, with a long history of minors, particularly girls, being married off. In recent years, there has been a growing movement to ban child marriage, with several states passing legislation to end this practice. Despite these efforts, child marriage remains legal in many parts of the world, including the United States, where 37 states still allow it in some form. This highlights the urgent need for legal reform and a cultural shift to protect the rights, autonomy, and future of minors.
Delaware became the first state to completely ban child marriage in May 2018, setting the minimum age for marriage at 18 without any exceptions. Since then, several other states have followed suit, including New Jersey, New York, Pennsylvania, Rhode Island, Massachusetts, Michigan, Minnesota, Connecticut, and New Hampshire. These states have raised the minimum age of marriage to 18, with some states allowing exceptions for 17-year-olds under certain circumstances.
The movement to end child marriage has faced opposition, often under the guise of protecting parental rights or respecting cultural traditions. However, child marriage has been associated with negative outcomes such as higher rates of domestic violence, lower educational attainment, and increased economic hardship. It also undermines gender equality and puts minors at risk of abuse and exploitation.
Advocates continue to push for laws prohibiting marriage under the age of 18 without exception and for a cultural shift in attitudes toward child marriage. They emphasize that child marriage has no place in a society that values equality and human rights. The ban in Washington, D.C., and the closing of a legal loophole that allowed minors as young as 16 to marry, sends a strong message about shifting norms and inspires action in other jurisdictions.
While progress has been made, the fight against child marriage requires consistent advocacy and enforcement of laws to ensure the protection of minors from this harmful practice.
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Common-law marriage recognition
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that only survives in seven states and the District of Columbia, with some provisions of military law. Two other states recognize domestic common-law marriage for limited purposes. Common-law marriage is a marriage without a ceremony or certification, where both parties are legally free to marry, intend to be married, and are known to the community as a married couple.
While the minimum age for marriage, with or without parental consent, is generally 18 in the US, this varies across states and territories, and some states have no minimum age for marriage. For example, in California, the general marriage age is 18, but minors can marry with parental consent and judicial approval, with no minimum age limit. In Mississippi, the general marriage age is 21, and in Nebraska, it is 19. In Puerto Rico, the general marriage age is 21, or 18 with parental consent. Guam has a general marriage age of 18, but 16-year-olds can marry with the consent of a parent or guardian.
Some states have recently changed their laws to set or raise the minimum age for marriage. For example, in Massachusetts, the minimum marriage age is 18, but prior to July 29, 2022, adolescents could marry with judicial consent. In Georgia, the marriage age was raised from 16 to 17 in May 2019, and minors must be emancipated and complete a premarital education course.
While common-law marriage is only recognized in a few states, all U.S. jurisdictions recognize valid out-of-state marriages, even if they cannot be legally contracted domestically. However, Colorado no longer recognizes common-law marriages entered by minors, including foreign marriages.
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Frequently asked questions
The general marriage age in the US is 18 years, except in Nebraska, where it is 19, and Mississippi, where it is 21. The age of consent varies across states, with some allowing marriage at 16 or 17 with parental consent.
No, common-law marriages do not apply to minors. Only a few states in the US recognize common-law marriages, and even in those states, there are age requirements that must be met.
Yes, in some states, minors can be married with parental consent and/or judicial authorization. However, the minimum age for marriage with parental consent varies across states, with some setting it as low as 16 and others at 17 or 18.
Yes, as of 2023, 15 states completely ban underage marriage: Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Vermont, Michigan, Rhode Island, Washington, Virginia, New Hampshire, Maine, and Oregon.
