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MARRIAGE AGE BY STATE: Minimum Average Legal Marriage Age by State 2023

MARRIAGE AGE BY STATE
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The marriage age in the United States is determined by each state and territory, either by common law or by individual statutes. To prevent child marriages, minimum marriage ages are set. In the United States, an individual can marry without parental consent at the age of 18 in all states except Nebraska, where the age is 19.

Approximately 200,000 minors have married in the last 15 years. Underage marriage is not permitted in the United States unless there are exceptional circumstances such as consent of a court clerk or judge, consent of the minor’s parents or legal guardians, one of the parties is pregnant or has given birth to a child, or the minor is emancipated. Furthermore, underage marriage is not permitted in New Jersey, Pennsylvania, or Delaware except in exceptional circumstances.

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Most states have a minimum marriage age of 12-17 years old for minors with parental consent. However, California and Mississippi have no minimum ages for minors to marry with parental consent. With parental consent, the minimum marriage age in Massachusetts is 14 years old for boys and 12 years old for girls. Some states have different minimum ages for males and females, depending on whether they have parental consent or not. In Mississippi, for example, the age of consent to marry with parental consent is 17 for males and 15 for females.

Here are some additional state-specific notes:

  • Arkansas: The age of consent to marry with parental consent is 17 for males and 16 for females.
  • Delaware: The age of consent to marry with parental consent is 18 for males and 16 for females.
  • Massachusetts: The age of consent to marry with parental consent is 14 for males and 12 for females.
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  • Mississippi: The age of consent to marry with parental consent is 17 for males and 15 for females.
  • In New Hampshire, the age of consent to marry with parental consent is 14 for males and 13 for females.
  • Ohio: The age of consent to marry with parental consent is 18 for males and 16 for females.
  • In Rhode Island, the age of consent to marry with parental consent is 18 for males and 16 for females.
  • Puerto Rico: The age of consent to marry with parental consent is 18 for males and 16 for females.

Legal Marriage Age by State

Before a couple can marry, they must fulfill a number of legal requirements. These requirements include obtaining a marriage license, being of sound mind, and reaching the age of consent as defined by state law. While each state has its own requirements and procedures for getting married, this article provides a brief overview of state-by-state marriage age of consent laws.

Overview of Marriage Age of Consent Laws by State

The chart below provides a quick overview of the marriage consent age in each of the 50 states, the District of Columbia, and Puerto Rico, as well as links to relevant statutes. Please read the state statutes for more information on a state’s marriage age of consent laws.

Alabama

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Alaska

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. EXCEPTION: Parties under the age of eighteen who are members of the United States armed forces are exempt from providing parental consent (while on active duty). Marriage under the age of sixteen is also possible with a court order.

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Arizona

The legal consent age is eighteen. A person can marry at the age of sixteen as long as one of the parties is not more than three years older than the minor and either 1) their parent consents or 2) they are emancipated.

Arkansas

The legal consent age is eighteen. A person can marry at the age of seventeen with parental consent.

California

The legal consent age is eighteen. There are no age restrictions on the minimum age for a couple to marry with parental consent, but the partners and the minor’s parents must meet with court officials who must rule out abuse or coercion. Minors must wait 30 days unless they are seventeen and have graduated from high school, or one of the partners is pregnant.

Colorado

The legal consent age is eighteen. A child can marry at sixteen with parental consent, a court order based on “the best interests of the child,” and no more than a three-year age difference.

Connecticut

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Delaware

The legal consent age is eighteen. Minors are not permitted to marry.

Florida

The legal consent age is eighteen. A person can marry at seventeen with parental consent and judicial approval, as long as one party is not more than two years older than the minor.

Georgia

The legal consent age is eighteen. Emancipated minors under the age of seventeen may marry after completing a premarital education course but not to someone more than four years their senior.

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Hawaii

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Furthermore, a fifteen-year-old can marry with parental consent and judicial approval.

Idaho

The legal consent age is eighteen. A person can marry at the age of sixteen or seventeen with parental consent, but only if the age difference between the two parties is no more than three years.

Illinois

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Indiana

The legal consent age is eighteen. With the approval of a juvenile court judge, 16- and 17-year-olds can marry someone no more than four years their senior.

Iowa

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Kansas

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Also, a person can marry at the age of fifteen with judicial approval.

Kentucky

The legal consent age is eighteen. A person can marry at the age of seventeen with judicial approval.

Louisiana

The legal consent age is eighteen. A minor sixteen or seventeen years old can marry someone less than three years older with parental consent and judicial approval. No one under the age of sixteen can marry.

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Maine

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Also, a person under the age of sixteen cannot marry.

Maryland

The legal consent age is eighteen. Parties can marry at the age of sixteen with parental consent or proof of pregnancy/birth of a child. Furthermore, With parental consent and proof that the female is pregnant or has given birth to a child, a person can marry at the age of fifteen.

Massachusetts

The legal consent age is eighteen. A person under the age of eighteen can marry with parental consent and judicial approval.

Michigan

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Minnesota

The legal consent age is eighteen. Minors are not permitted to marry.

Mississippi

The legal consent age is twenty-one. Males can marry at seventeen, and females at fifteen, with parental consent.

Missouri

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Also, a person over the age of twenty-one cannot marry a person under the age of eighteen.

Montana

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent and after at least two separate counseling sessions.

Nebraska

The legal age of consent is nineteen years old. A person can marry at the age of seventeen with parental consent.

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Nevada

The legal consent age is eighteen. A person may marry at the age of seventeen with the following requirements: (1) parental or guardian consent; (2) proof of Nevada residency; and (3) a court order.

State of New Hampshire

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent and the judge’s approval.

Newark, New Jersey

The legal consent age is eighteen. Minors are not permitted to marry.

State of New Mexico

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Furthermore, a person under the age of sixteen may marry by order of the district court’s children’s or family division.

New York City

The legal consent age is eighteen. A person can marry at the age of seventeen with parental and judicial consent.

North Carolina (NC)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. A person can marry at the age of fourteen with judicial consent, which also is granted if the person is pregnant or has recently given birth to a child.

North Dakota (ND)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Ohio

The legal consent age is eighteen. Minors can marry at the age of seventeen with judicial consent and as long as the parties are less than four years apart.

Oklahoma

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. A person under the age of sixteen may marry if the court grants permission.

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Oregon

The legal consent age is eighteen. A person can marry at the age of seventeen with parental consent.

Pennsylvania

The legal consent age is eighteen. Minors are unable to legally marry.

Providence, Rhode Island

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Also, if the family court approves, a person under the age of sixteen can marry.

South Carolina (SC)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

South Dakota (SD)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Tennessee

The legal consent age is eighteen. A person can marry at the age of seventeen with parental consent; however, one party cannot be more than four years older than the minor.

Texas

The legal consent age is eighteen. Emancipated minors between the ages of sixteen and seventeen can legally marry.

Utah

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. With parental consent and judicial approval or court commissioner, also, a person can marry at the age of fifteen.

Vermont

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

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Virginia

The legal consent age is eighteen. In exceptional circumstances, minors can marry at the age of sixteen with the approval of the court.

Washington

The legal consent age is eighteen. A person can marry at the age of seventeen with judicial approval.

West Virginia (WV)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. A person under the age of sixteen can marry with parental permission and judicial approval.

Wisconsin

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Wyoming

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent. Also, with judicial approval, a person under the age of sixteen can marry.

The District of Columbia (DC)

The legal consent age is eighteen. A person can marry at the age of sixteen with parental consent.

Puerto Rico

The legal consent age is twenty-one. Females can marry at the age of sixteen with parental permission (and under certain conditions).

Learn More About Marriage Age of Consent Laws in Your State by Speaking to an Attorney

The wedding should be a joyful and stress-free experience, but some couples may have concerns about the legality of their union, specifically the required age of consent. You may want to consult with a local family law attorney to ensure that you are meeting the requirements for a valid marriage in your state.

Minimum Marriage Age by State

Unless and until a state statute replaced or modified it, English common law applied in every jurisdiction in the United States. In the United States, particularly in recent years, the general marriage age has been reduced to between 18 and 21 years of age.

There are three types of marriage ages: 1) general marriage age, 2) statute-mandated minimum marriage age, and 3) common-law minimum marriage age. There are three sets of laws governing the minimum age for marriage: 1) the minimum age with parental and judicial or court consent, 2) the minimum age with parental consent, and 3) the minimum age without parental consent.

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There is little variation in the laws without parental consent over time or across states. Prior to 1971, approximately 80% of states required women to marry without parental consent at the age of 18, and approximately 85% required men to marry at the age of 21.

In states where there is no legislated minimum, common law (which specifies a minimum of 12 years old for females and 14 years old for males) takes precedence; the estimated effect of a common-law minimum is similar to a legislated minimum of 13 or less.

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The governing law in California is found in California Family Code sections 302 and 304 (2019): “An unmarried person under the age of 18 years old may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, also in accordance with the requirements described in Section 304.” Historically, Section 56 of the California Civil Code (1872) set the age for a female to marry without parental consent at 15. The legal drinking age was raised to 18 in 1921.

Average Marriage Age by State

If you’ve been wondering what the average age of marriage is around the world or what the average age to get married in America is, you might be surprised. Marriage has been declining in general over the last 50 years, according to studies. For example, in 1960, approximately 15% of adults over the age of 18 had never married. Since then, the percentage has risen to 28%. In the last few decades, both the average age of marriage by state and the average age of marriage in America has risen.

Meanwhile, the average age of marriage for people marrying for the first time has risen from 20.8 years (women), 22.8 years (men) in 1960 to 26.5 years (women), and 28.7 years (men) today (men). Furthermore, the trend for millennials appears to be shifting, with the average age of marriage well into the 30s.

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There are also differences in the average age of marriage depending on the state. For couples getting married for the first time, New York, Massachusetts, Rhode Island, Connecticut, and New Jersey; have the highest average age for marriage, while Utah, Idaho, Arkansas, and Oklahoma have the lowest average age for marriage.

Frequently Asked Questions

What states allow 14 marriages?

Hawaii, Kansas, Maryland, Utah, and Mississippi allow children as young as 15 to marry, with each state requiring approval from a parent, a judge, or both, whereas Massachusetts has no age limit for marriage, though a child’s parents and a judge must sign off.

Can 10 year olds get married in California?

A person under the age of 18 in California can marry with the consent of one parent and a judge after a review of the case that includes interviews with the parties involved. The state is one of only nine in the country that does not have a minimum marriage age. There is no federal law that prohibits child marriage.

Can you get married at 12 in Massachusetts?

Minimum Legal Age With Parental Consent

Unlike many other states, Massachusetts does not have a minimum age for minors to marry with parental consent. Unless there is a court order, the clerk or register cannot accept a notice of intention to marry from a person under the age of eighteen.

What country can you marry at 12?

Muslim and Hindu girls in Tanzania can marry at the age of 12 as long as the marriage is not consummated until the girl reaches the age of 15.

What is the lowest age of consent in America?

16
California, New York, Florida, Oregon, Utah, Iowa, Arkansas, Tennessee, West Virginia, Vermont, and Delaware all have the Age of Consent set at 18. In the United States, the lowest state Age of Consent is 16.

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