Teen Marriage Laws

A teen marriage occurs when a couple wants to get married, but for one or both, their age is below the minimum age requirement in their state for marriage. Many factors contribute to people marrying as teenagers, including love, teenage pregnancy, wealth preservation, cultural reasons, religion, family, economic reasons, social advancement, and tax reasons (income tax rates are lower for married people).

How Common is Teen Marriage?

Between 2000 and 2018, nearly 232,474 minors were legally married in the United States. Most child marriages were between a minor girl and an adult man.

According to the Pew Research Center, West Virginia has the highest rate of child marriages (7.1 marriages for every 1,000 children ages 15 to 17). Several other states in the South and the West also have above-average rates of child marriage, including:

• Texas
• Oklahoma
• Arkansas
• Tennessee
• North Carolina
• Nevada
• California

How Old Do You Have to Be to Get Married?

Although child marriage is not very common in the United States, it is legal in almost every state. Technically, most states prohibit people younger than 18 from marrying, but most jurisdictions have exceptions to these laws.

Each state sets the marriage age in its jurisdiction. The rules are technical, complex, and quite varied. For example:

• In Alaska, minors between the ages of 16 and 18 years old can marry with approval from a superior court judge. The other party must not be more than 3 years older than the minor, and the minor’s parent has to give consent.
• In Arkansas, minors who are 17 years old can marry with proof of parental consent, including a signed and notarized affidavit and an additional 5-day waiting period.
• In Colorado, minors 16 and 17 can marry with the juvenile court’s approval, provided a court-appointed guardian ad litem determines the marriage is in their best interest.
• In Georgia, minors who are 17 years old can marry if they have been legally emancipated for at least 15 days, their intended spouse is not more than four years their senior, and they have completed required premarital education coursework.
• Indiana is complex. First, the underage party must petition the juvenile court for marriage approval. The petition must contain details on how the minor and intended spouse know each other, copies of any criminal records, and evidence that the minor can support themselves independently from a parent, guardian, or the intended spouse. A personal interview and an evidentiary hearing are required. Premarital counseling may also be required.
• In Maryland, Minors who are 17 years old can marry with parental permission or with proof of pregnancy or that they’ve recently given birth.
• In Mississippi, males who are at least 17 years old, and females who are at least 15 years old, can marry if they have consent from a parent or guardian, are not intoxicated, and can provide a judge with proof of sufficient reason and desire to marry.
• Massachusetts and New Hampshire allow 12- and 13-year-old girls and 14-year-old boys to marry with parental and judicial permission.
• In Oklahoma, minors under 16 can marry with approval from the court under special circumstances, such as pregnancy. A parent is not required to consent, just that no parent has filed an objection.
• Seven states have banned underage marriages with no exception, and several other states have similar legislation pending:
  • New Jersey
  • Delaware
  • Pennsylvania
  • Minnesota
  • Rhode Island
  • New York
  • Massachusetts

There is no statutory minimum age for getting married in eight states if parental and court permission is given. These states are:

• California
• Michigan
• Mississippi
• New Mexico
• Oklahoma
• Washington
• West Virginia
• Wyoming

Because of all the different potential requirements for a marriage that includes a minor, the parties must check with the laws that apply in their jurisdiction and consult with a lawyer if they are unsure about specific state rules or have any other questions relating to their particular state’s teen marriage law requirements.

Is the Couple Mature Enough to be Married?

It is critical that the couple be mature, because the act of getting married releases the minors (i.e., emancipates them) from their parents without needing to meet the usual, stringent legal requirements.

Emancipation is a court procedure in which a minor is released from legal parental control. Once emancipated, the minor is free to make all of their own decisions without the consent of their parents, including decisions regarding religious, medical, financial, and educational matters.

However, emancipation also releases the minor’s parents from their legal obligation to provide the child with financial support, food, and shelter. That means if one or both spouses become emancipated because of the marriage, they have no right to have their parents provide them anything, including the basics such as food and shelter.

A somewhat theoretical concern is that the couple may be too young to possess the legal capacity necessary to form an agreement because they are not of legal age yet. Most states do not permit minors to enter into legal contracts. Marriage is considered a contract. This factor can cause other legal issues to arise.

For example, minors cannot contract because of their youth. Does that mean a married teen couple cannot purchase property since that would involve making a contract? Or does the fact that they’re married mean they are mature enough to enter into contracts? Where the marriage has been blessed by court permission to marry, married youths should be able to enter into a contract.

Fraud and Teen Marriage

One major legal issue that the parties should consider is whether the factors present may cause the marriage to be seen as fraudulent. The law takes these types of matters very seriously. Being convicted of fraud or having a fraudulent marriage can have harsh legal consequences.

Two examples:

1. One party intentionally misrepresents some fact about themselves to trick the other party into marrying them. This is fraud
2. Any time the couple did not intend to wed for the sake of marriage but did so to reap certain benefits (e.g., military spouse benefits) reveals the commission of a fraud

Fraudulent marriages are void from the outset. To end, one does not require a divorce because the marriage is viewed as if it never existed. Instead of a divorce, the victim party can obtain an “annulment.” This is an official decree stating that no marriage ever existed. In a divorce, the government recognizes that:

• There was a real marriage
• It has ended

The marriage was never real in an annulment, so there is nothing to end.

Do I Need to Hire a Lawyer to Help with Teen Marriage Laws?

Teen marriage laws vary widely from state to state. The laws where you live may differ from those that apply in another jurisdiction that pertains to your situation (for example, the state where you got married or where your spouse is from).

Also, depending on the circumstances of the case, the court may need to review and apply two different sets of state laws, which can make teen marriage issues very confusing. Therefore, it may well be in your best interest to speak with a local family lawyer to better understand the laws in your state and in any other state involved.

An experienced family lawyer will also be able to assist you with the process of getting court permission to marry as a teen, file for a marriage license, or get your marriage certificate.