Cecily Zamora
Marriage laws vary considerably among countries and even states. In the US, the regulation of marriage is generally a matter of state law, not federal law. State laws determine the legal steps for a valid marriage, including age requirements, the classification and distribution of marital property, and the method of dissolution. While states have the power to regulate marriage, federal law controls in matters concerning the Bill of Rights and subsequent amendments, such as the Fourteenth Amendment, which guarantees equality. Federal laws, such as the Respect for Marriage Act, also protect certain marriages, including same-sex and interracial marriages.
| Characteristics | Values |
|---|---|
| Governing body | State law |
| Exceptions | Federal law controls in matters of interstate commerce and the Bill of Rights |
| Minimum age | Typically 18 years, but varies by state |
| Parental consent | Required for minors in most states |
| Marriage license | Issued by the state, recognized across states |
| Ceremony | Officiated by a justice of the peace or religious authority |
| Marital property | Varies by state, common-law or community property states |
| Divorce | Governed by state law, varying by state |
| Same-sex marriage | Recognized federally, protected by the Respect for Marriage Act |
| Interracial marriage | Recognized federally, protected by the Respect for Marriage Act |
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What You'll Learn
Marriage laws are primarily governed by individual states
The 10th Amendment to the U.S. Constitution supports this, stating that "powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Therefore, as the Constitution does not delegate or prohibit the regulation of marriage, it is left to the states to govern.
State laws determine the specific legal steps for a valid marriage, including age requirements and methods for classifying and distributing marital property. For instance, some states require individuals to be 21 years old with parental consent to marry, while others set the minimum age at 18 years. Additionally, most states are common-law property states, where each spouse owns their personal property, and they may also own joint property. However, a minority of states, including Arizona and California, are community property states, where the marriage creates a marital community as a separate legal entity with its own property interests.
While states have primary authority over marriage laws, federal law can supersede state law in certain cases. For example, the Supreme Court's decision in Obergefell v. Hodges in 2015 held that states must license same-sex marriages and recognize all non-resident marriages performed in other states as valid. Additionally, federal law may take precedence in matters of interstate commerce or when there is a conflict with the Bill of Rights or subsequent amendments.
It's important to note that marriage laws can vary significantly across different states, and individuals should consult a family law attorney or refer to their specific state's legislation for detailed information on marriage requirements and regulations.
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The minimum age for marriage
In the United States, the minimum age for marriage is typically 18 years, with most states setting the minimum age at or above this threshold. However, some states have different age requirements. For example, Mississippi requires individuals to be 21 years of age, with parental consent for those under 21, while Nebraska has a minimum age of 19 years, also with parental consent for minors.
Historically, the minimum age requirements for marriage have evolved over time. Before 1971, approximately 80% of states specified an age of 18 for women and 21 for men to marry without parental consent. In the absence of legislated minimums, common law, which sets the minimum age at 12 for females and 14 for males, may prevail. These age requirements were also observed in English civil law and the Church of England.
Recently, several states have re-evaluated the legality of child marriage and made efforts to raise the minimum age for marriage. For instance, Massachusetts has prohibited child marriages by setting the minimum age at 18 and refusing to accept parental consent for minors. Additionally, Connecticut, Texas, Florida, Kentucky, and several other states have also taken steps to set or increase their minimum legal age for marriage.
While states have the authority to regulate marriage, federal law can supersede state law in certain circumstances. For example, the Supreme Court's ruling in Loving v. Virginia invalidated a Virginia statute prohibiting interracial marriage, asserting that it violated the equal protection clause of the Fourteenth Amendment. Similarly, federal laws like the Respect for Marriage Act protect same-sex and interracial marriages, ensuring that states recognize these marriages as valid.
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Marital property and its distribution
Marital property laws in the United States are generally governed by individual states, and these laws can vary across different states. Most states are equitable distribution states, where the court considers an individual's assets to be their own personal property unless the couple has decided to share them. In these states, each spouse owns their personal property, and the spouses may also own property together—either jointly (with the right of survivorship) or as tenants in common (without the right of survivorship). However, the marriage itself does not create a marital community, and there is no marital property in these separate property states.
A minority of states are community property states, where a marriage creates a marital community, a legal entity in which each spouse has a vested interest. In these states, assets from earnings are considered jointly held, and there is no concept of individual ownership. The community property states are: Arizona, California, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Idaho is also mentioned as a community property state in one source.
When it comes to the distribution of marital property during a divorce, the process can vary depending on whether the state is a community property or equitable distribution state. In community property states, assets from earnings are typically considered jointly held, and the court distributes the property equally. In equitable distribution states, the court puts the assets into a common pot and then distributes them in a fair and equitable manner, which may not necessarily result in an equal 50/50 split.
The specific factors considered in determining the equitable distribution of property can vary but may include the income and property of each spouse at the time of the marriage and divorce, the length of the marriage, the age and health of both spouses, the presence of minor children, the loss of inheritance and pension rights, and contributions to marital property. Additionally, the court may consider whether separate property has been commingled with marital property and treat it as marital property subject to division.
It is important to consult a family law attorney or seek legal advice specific to your state to understand the precise laws and procedures governing marital property and its distribution.
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Marriage licenses and certificates
In the United States, marriage is regulated by both federal and state laws, with each state having its own unique process for securing marriage licenses and certificates. While the specific procedures may differ, there are some standard steps and requirements for obtaining a marriage license in the US. Firstly, couples need to know where and when they will be getting married, as the marriage license application is typically filed in the county where the wedding will take place. Most states require proof of identity, such as a driver's license, passport, or birth certificate, for both members of the couple. Some states may also require witnesses for the marriage license application, and information about the couple's parents, such as their full names and birth dates. If either individual has been previously married, they may need to provide a certificate of divorce or a death certificate. It's important to plan ahead, as marriage licenses have expiration dates, and some states enforce a waiting period between the issuance of the license and the wedding ceremony.
After obtaining the marriage license, the couple can proceed with their wedding ceremony. The marriage certificate is then signed by the couple and their witnesses, if required, and returned to the county clerk by the officiant. The witnesses must be physically present at the signing and should be over the age of 18. The number of witnesses required varies by state, with most states requiring two witnesses and some requiring only one. After the marriage license is returned, the couple may receive a certified copy of their marriage certificate by mail or may need to pick it up in person.
Marriage certificates are essential for various legal purposes, including name changes on government-issued IDs, passports, and social security documents, as well as for accessing spousal benefits and providing proof of marital status. These certificates are legally recognised documents bearing official seals and signatures from the issuing government agency. In some countries, such as France, Spain, Germany, Turkey, Argentina, Japan, and Russia, a separate civil ceremony presided over by a government authority is necessary for the marriage to be legally binding, regardless of any religious ceremonies performed.
In recent years, there have been significant developments in marriage laws regarding same-sex marriages. As of January 2025, same-sex marriages are legally recognised in 39 countries, including the United States, the United Kingdom, Australia, and many European nations. The Respect for Marriage Act, passed by the US Congress in 2022, protects the rights of same-sex couples to marry and ensures that all states must recognise these marriages. Additionally, the Supreme Court ruling in Obergefell v. Hodges (2015) mandated that states must license same-sex marriages and recognise non-resident marriages performed in other states as valid. These legal milestones have played a crucial role in reducing barriers to marriage for same-sex couples and promoting equality under the law.
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Divorce laws
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Every country in the world permits its citizens to divorce under certain conditions, except for the Philippines and the Vatican City, which only allow annulment. In the Philippines, Muslims have the right to divorce, and Islamic law provides different rules for husbands and wives. For example, husbands may initiate divorce through 'Triple Talaq', which has been outlawed in several Muslim-majority countries, for any reason and without requiring their wife's agreement.
In the United States, the regulation of marriage is generally a matter of state law, not federal law. However, the states' power to regulate marriage is not unlimited, and federal law controls in certain situations, such as when there is a conflict between state law and federal law regarding interstate commerce. In 2015, the Supreme Court ruled in Obergefell v. Hodges that states must license same-sex marriages and recognise non-resident marriages performed in other states as valid.
The specific procedures and requirements for divorce can vary depending on the legal system and cultural context of each country or region. For instance, in Australia, the Family Law Act 1975 introduced no-fault divorce, and the only basis for divorce is the irreversible dissolution of the marriage, demonstrated by a twelve-month separation. On the other hand, in Canada, the Divorce Act recognises divorce only when the marriage has broken down on one of three grounds: infidelity, cruelty, or being apart for a year.
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Frequently asked questions
State law sets age requirements for obtaining a marriage license and determines the method for classifying and distributing marital property. State laws also determine the specific legal steps for a valid marriage. However, federal law controls state marriage laws in matters delegated to the United States, such as the regulation of interstate commerce.
Marriage laws vary considerably among countries in terms of what can and cannot be legally recognized by the state. For example, in Israel, same-sex marriages are not allowed under the auspices of any religious denomination. However, Israel does recognize civil marriages between Israeli citizens that are contracted abroad. As of January 2025, same-sex marriage is legally performed and recognized in 39 countries.
Typically, 18 years of age is the minimum age for marriage. However, minors can use a waiver if they have parental consent or legal guardian consent. Some states have different age requirements. For example, Mississippi requires individuals to be 21 years of age with parental consent, while Nebraska's minimum age is 19.
In most states, a wedding must be officiated by a justice of the peace to be recognized. However, priests, ministers, rabbis, and other religious authorities can also perform the ceremony. Previously, some states required blood tests for premarital couples due to public health concerns, but these requirements have since been repealed.
