Marriage Laws in the U.S.

Marriage Laws in the U.S.

Overview
In the United States, all but two states require a couple to be 18 years of age in order to marry without parental consent. Neb. requires that a couple be 19 years old, and Miss. requires that the couple be 21 years old. A few states will waive this requirement if there is a pregnancy involved.

The following state laws are subject to change
Ala.: If either of you are under 18, you will need a certified copy of your birth certificate. Both parents must be present with identification, or if you have a legal guardian they must be present with a court order and identification. If one or both parents are deceased, proper evidence of such must be provided. Individuals under the age of 14 may not marry.

Alaska: If either of you are under 18, you will need a certified copy of a birth certificate. Both parents must be present with identification, or if you have a legal guardian they must be present with a court order and identification.

Ariz.: If you are 16 or 17 years old, you must have the notarized consent of your parents or legal guardian. If you are under 16, you must have the notarized consent of your parents or legal guardian as well as a court order.

Ark.: Under 18 requires consent of both sets of parents.

Calif.: If either the bride or groom is under 18, at least one of the minor's parents (or legal guardian) must appear with the couple. Certified copies of birth certificates are required. The couple must also schedule an appointment with a counselor and then appear before a superior court judge.

Colo.: If you are 16 or 17, you will need consent of both parents (or parent or guardian with legal custody), or seek judicial approval. If you are under 16, a Judicial Court Order along with parental consent is necessary.

Conn.: If under 16 years of age, the written consent of the judge of probate for the district where the minor resides must be obtained. Written parental consent is needed if under 18 years of age.

Del.: You will need signed parental consent forms provided by the Clerk of the Peace office if you are under 18 years of age.

D.C.: You will need signed parental or guardian consent forms if you are under 18 years of age. If you are under 16 years of age, you cannot marry.

Fla.: If an individual is under 18 years of age, but older than 16 years of age, a marriage license can be obtained with parental consent. If a minor's parents are both deceased and there is not an appointed guardian, he/she may apply for a marriage license. A minor who has been previously married may also apply for a license. A minor who swears that they have a child or are expecting a baby, can apply for a license if the pregnancy has been verified by a written statement from a licensed physician.

Ga.: If you are 16 or 17 years old, you may apply if accompanied by both parents who have given written consent. If the bride is pregnant, no parental consent is required if you submit a statement from a licensed physician certifying that the bride is pregnant.

Hawaii: If you are 16 or 17 years of age, you must have the written consent of both of your parents, legal guardian or the family court. If you are 15 years old, you will not only need the written consent of your parents or legal guardian, but also the written approval of a judge of the family court.

Idaho: If you are 16 or 17 years of age, you will need to have a certified copy or your original birth certificate, passport, driver's license or state ID card. You must be accompanied by one of your parents or legal guardian and have written parental consent on the Affidavit of Consent to Marriage of Minor. If you are under 16 years of age, you will also need a court order.

Ill.: If you are 16 or 17 years of age, you will have to provide a copy of your birth certificate along with some other sort of identification showing your date of birth. You will also need to have a sworn consent from each parent, each legal guardian or a judge for the county clerk at the time of application. If your parent is deceased, you will need to show a death certificate, proof of guardianship or court order waiving consent. A legal guardian will also need to show a certified copy of the guardianship papers. If you are under 16 years of age, you cannot get married.

Ind.: A certified copy of your birth certificate is required. If you are 17 years old you must apply for the license with both parents or guardian. They will need to sign the consent portion of the application. If you are 15 or 16 years old, you must petition the Circuit Court via a "Permission to Marry" form.

Iowa: Under 18, applicants (16 or 17 years of age) need to have parental consent.

Kan.: Any applicant who is under age 18 must have either notarized, written consent of all living parents and legal guardians, or notarized, written consent of one parent or legal guardian and consent of a district court judge.

Ky.: The age is 18 or above. If you are 16 or 17 years old, you must have the consent of your parents or legal guardian.

La.: If either partner is between the ages of 16 and 18, the presence and signatures of both parents are required. If a parent has legal custody in a divorce, a certified copy of the judgment must be presented. If either party is under the age of 16, a court order is required in order to obtain a license.

Maine: Applicants must be over 18 years old. A license shall not be issued to anyone under the age of 16 without written parental consent and the written consent of a judge.

Md.: Parental consent is needed if under 18 years of age. If you are between 16 and 18 years of age, one of your parents or guardian must be with you and provide written consent. If you are under 16 years of age, you will need both the written consent of your custodial parent or guardian and the written approval of a judge of the Orphans' Court Division of the Court of Common Pleas. If you are under 18, pregnant or have a child, and show a certificate from a licensed physician stating you are pregnant or have had a child, the parental consent requirement may be waived.

Mass.: You must be 18 years of age or older. A birth certificate may be required to show proof of age. If either party is under 18, a court order from a probate or district court where the minor resides must be obtained before the marriage intentions can be filed.

Mich.: Applicants 16 years of age may marry with parental or legal guardian written consent. Applicants under the age of 15 must have parental consent and probate court permission.

Minn.: Applicants between the ages of 15 and 18 must have the consent of a parent, guardian or the judge of juvenile court. Applicants younger than 15 need the written consent of a parent of guardian and the consent of a juvenile court judge.

Miss.: Parental consent is needed if under 21 years of age. Marriage licenses cannot be issued to males under 17, or females under 15 years of age. If the clerk receives a signed authorization from the parents, this minimum age requirement can be waived.

Mo.: A person under 18 cannot marry without the consent of the custodial parent or guardian. A person under age 15 cannot marry without approval of a judge in the county where the marriage license is sought.

Mont.: If you are 16 or 17 years old, you must have the consent of both parents unless only one parent has legal custody. Both of you as a couple will also have to attend at least two counseling sessions that are at least 10 days apart. This has to be done with a designated counselor who will then have to provide a letter that states the names of the couple, their ages, the dates of the counseling sessions and what the counselor thinks about their possible marriage.

Neb.: If under the age of 19, a notarized consent form must be signed by the person's legal guardian giving consent to the marriage of the minor. Neb. will not issue a marriage license if either applicant is under 17 years of age.

Nev.: If you are 16 or 17 years old, you must have one parent or legal guardian present. Notarized written permission is also acceptable. If you are under 16, marriage can be authorized only by court order.

N.H.: A female between the ages of 13 and 17 years and a male between the age of 14 and 17 years can be married only with the permission of their parent (guardian) and a waiver. A female below the age of 13 and a male below the age of 14 are not allowed to marry under any conditions.

N.J.: Applicants under 18 can marry if both parents consent to the marriage. Younger parties may obtain licenses in case of pregnancy or birth of child.

N.M.: Parental consent is needed if either person is 16 or 17 years of age. Court order is required if either person is 15 years of age.

N.Y.: If you are 16 or 17 years of age, you will need to have a completed parental consent form filled out by both parents. If you are either 14 or 15 years of age, you will need to show the written consent of both parents and a justice of the Supreme Court or a judge of the local Family Court. Applicants under 14 years of age cannot marry.

N.C.: Applicants 18 to 20 years of age must present a certified copy of their birth certificate. Applicants 16 and 17 must present a consent form signed by the parent, individual, agency or institution with legal custody of the underage party. A birth certificate is also required. A marriage license may not be issued to applicants under 14 years of age.

N.D.: If a person is between 16 and 18 years of age, a marriage license may not be issued without the consent of the parents or guardian.

Ohio: If you are 18 to 21 years of age, you will need to show your birth certificate. Persons aged 16-17 must have consent to marry from parents or legal guardians and may have to contact the Probate Court. Additionally, the Judge may require the minors to receive marriage counseling.

Okla.: If you are under 18, your parents must appear at the courthouse with you to sign a consent form. Minors must wait three days before the marriage license is valid.

Ore.: Anyone under 17 years of age cannot be legally married. A seventeen-year-old can be married if they have the parent's or guardian's consent.

Penn.: If under 18 years of age, applicants may marry with the consent of a parent or guardian. Applicants must present their birth certificate plus an additional $5.

R.I.: If under 18, a minor's permit to marry must be completed if a female applicant is 16 or 17 years of age. The permit must be signed and notarized in the presence of the City or Town Clerk or any clerk employed in that office.

S.C.: If you are under 18, you will need a certified copy of your birth certificate and a notarized statement of parental consent. The minimum age for a female is 14 and 16 for a male.

S.D.: Applicants 16 and 17 must have parental consent. S.D. law does not permit marriage of those under 16.

Texas The age is 18 without consent from a parent or legal guardian. If under the age of 16, the law requires that the couple receives a court order before being allowed to marry.

Tenn.: If either party is under the age of 18, they must be accompanied by parents. If under the age of 16, Tennessee law requires that the couple receives a court order before being allowed to marry.

Utah: For those aged 16 to 17, parental consent is necessary. For those 15 years old, you must have parental consent and approval from Juvenile Court.

Vt.: If you are at least 16, but under 18, you will need the consent of a parent or guardian.

Va.: If either of you are under 18 years of age, you must have written, notarized consent from a parent or your legal guardian.

Wash.: If under the age of 18, proof of age is required. Additionally, the parent or guardian must be present to sign the application form. If under 17, written permission from the family court must be obtained.

W. Va.: If either of you are under 18 years of age, you must have the consent of a parent or guardian. There may be special provisions for an underage bride who is pregnant.

Wis.: If either the bride or groom is under 18, you must have written, notarized consent from his or her parent or guardian.

Wyo.: Applicants must be at least 18 years old or have written parental consent. Applicants under 16 years of age are allowed to marry only with court order.

NOTE: Some states require a blood test be completed before marriage is allowed. These states are D.C., Ga., Ind., Mass., Miss., Mont. and Okla. Other states require a waiting period between the time the marriage license is applied for and when the couple may actually be married. These states are Alaska (three days), Del. (one day), D.C. (five days), Fla. (three days), Ill. (one day), Ind. (three days), Iowa (three days), Kan. (three days), La. (three days), Maine (three days), Md. (two days), Mass. (three days), Mich. (three days), Minn. (five days), Miss. (three days), Mo. (three days), N.H. (three days), N.J. (three days), N.Y. (one days), Ore. (three days), Penn. (three days), S.C. (one day), Texas (three days), Wash. (three days) and Wis. (six days).

For information on consensual sex laws, click here.

Last updated on: Aug 17, 2010

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