Is it illegal to get married at 16?
Legal in several states, but strictly regulated by age-of-consent and judicial laws.
Getting married at 16 is legal in a declining number of U.S. states provided specific legal requirements, such as parental consent or judicial approval, are met. While many states have recently raised the minimum marriage age to 18 to combat forced marriages and child exploitation, several jurisdictions still allow 16-year-olds to wed under 'emancipation' or 'exceptional circumstances' clauses. Without following these specific statutory procedures, a marriage license will not be issued, and the union would be legally void.
RELEVANT LAWS
- California Family Code § 302Requires court order and parental consent for minors
- New York Domestic Relations Law § 15-aProhibits marriage under age 18 (recent repeal of minor exceptions)
- Mississippi Code § 93-1-5Outlines age requirements and parental consent mandates
- Virginia Code § 20-48Minimum age of 18 with judicial emancipation exceptions
POTENTIAL PENALTIES
- Voiding of the marriage contract if statutory requirements are not strictly followed
- Potential criminal charges for adult partners under statutory rape or contributing to the delinquency laws
- Civil penalties or removal of licensing authority for officials who issue illegal licenses
- Loss of parental rights or state intervention via Child Protective Services in cases of coercion
JURISDICTION
Laws vary significantly by state; several states like Delaware and Pennsylvania have banned all underage marriage, while others still allow it with a judge's signature.
Until 2018, there was no state in the U.S. that had an absolute ban on marriage for individuals under the age of 18.
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