#help.tut EXTRA HELP FOR TUTORIALS #define.stb ON LINE LEGAL GLOSSARY In this tutorial we list the age of adulthood (majority) for each state, the ages for marriage with court approval, without court approval but with parental approval, for minors, and if common law marriages are recognized. Many states do not recognize common law marriages, but, will recognize a common law marriage if the same is recognized in the state where entered into. Let's get some terms defined. A common law marriage is a marriage "without the benefit of clergy." In other words, a marriage in which there is no formal ceremony. Although each state has its own rules, the basic requirements for a common law marriage to be recognized are: 1. There must be verbal assent to the marriage (per verba preasenti in Latin) by mutual exchange of an agreement to marry 2. There must be a public holding out of the persons as married 3. There must be capacity (in other words, both persons need to be unmarried and of legal age) The idea behind recognizing common law marriages was that in the good old days, folks just didn't have the ability to go and ride for a few days on a horse to get to the county seat for a license. That simply isn't a realistic scenario anymore. In fact, it is a nightmare when dealing with social security etc. to prove that you are married if you don't have a license! Nevertheless we document the present rules on the situation. Alabama-- Minimum age for marriage without consent-- 18 Adulthood-- age 19 (liquor 21) With consent-- common law Common law marriage-- Yes Alaska-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 (Between 14 and 16 with Court order) Common law marriage-- Repealed in 1917 Arizona-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 (Below this age by court approval) Common law marriage-- Not recognized Arkansas-- Adulthood-- age 18 (over 16 with court "emancipation") (liquor 21) Minimum age for marriage without consent-- 17 males, 16 females With consent-- No age specified Common law marriage-- Not recognized California-- Adulthood-- age 18 (Emancipation by court petition available above 14) Minimum age for marriage without consent-- No provision With consent-- No provision Common law marriage-- Not recognized Colorado-- Adulthood-- age 21 (however, those over 18 may make contracts on their own account; Court emancipation possible) Minimum age for marriage without consent-- 18 With consent-- 16 (Under with Court order) Common law marriage-- Recognized Connecticut-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 (Below 16 with Court order) Common law marriage-- Not recognized. It is presently uncertain under Connecticut law if a common law marriage valid where contracted is valid in the state.) Delaware-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 females only (except when the couple are expecting a child then Court procedure required) Common law marriage-- Not recognized; out of state common law marriages are recognized District of Columbia-- Adulthood-- age 18 Minimum age for marriage without consent-- 18 With consent-- 16 Common law marriage-- Recognized Florida-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 (except when the couple are expecting a child then court procedure available) Common law marriage-- Repealed Jan. 1 1968 Georgia-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 16 With consent-- No minimum age; may receive marriage license if couple is expecting a child or have already had one Common law marriage-- Recognized Hawaii-- Adulthood-- age 18 Minimum age for marriage without consent-- 16 With consent-- 15 (Court consent) Common law marriage-- Not permitted; Recognized if entered into in another state recognizing the same Idaho-- Adulthood-- age 18 Minimum age for marriage without consent-- 18 With consent-- 16 Common law marriage-- Recognized Illinois-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- With consent-- Common law marriage-- Indiana-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent--18 With consent--17; females 15 with court approval and pregnancy Common law marriage-- Not recognized since 1958; no definitive case law Iowa--Adulthood-- 18 (or marriage) Minimum age for marriage without consent--18 With consent-- no minimum provided Common law marriage-- Recognized Kansas-- Adulthood-- age 18 or 16 if married (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 14 male, 12 female Common law marriage-- Recognized Kentucky-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- Specific age not specified; requires consent of Court or parents Common law marriage-- Not recognized; however for purposes of death benefits under worker's compensation a death benefit may be paid to a "spouse in fact" Louisiana-- Adulthood-- 18 (or marriage; may be emancipated after age 15) Minimum age for marriage without consent-- 18 With consent-- Unknown Common law marriage-- Not recognized Maine-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 16 With consent-- 16 with parents or Court's consent Common law marriage-- "Probably not recognized" (point is undecided by state's highest court; out of state common law marriage would probably be recognized Maryland-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- Males 17, females 16; or if the couple have or are expecting a child Common law marriage-- Not recognized; recognized if valid where entered into Massachusetts-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 14 males, 12 female with court approval Common law marriage-- Not recognized Michigan-- Adulthood-- age 18 Minimum age for marriage without consent-- 18 With consent-- No age specified for males; female may not be below 16 Common law marriage-- Not recognized since 1/1/57 Minnesota-- Adulthood-- 18 Minimum age for marriage without consent-- 18 With consent-- 16 Common law marriage-- Recognized if entered into before 1941 Missouri-- Adulthood-- 18 Minimum of age for marriage without consent-- 18 With consent-- 15 Common law marriage-- Recognaized if entered into before 1921 Mississippi-- Adulthood-- age 21 (Many rights are granted after age 18 including the right to hold property) Minimum age for marriage without consent-- Male 17, female 15 With consent-- No minimum age specified; marriage below minimum age requires court and parental consent Common law marriage-- Montana-- Adulthood-- age 18 (liquor 19) Minimum age for marriage without consent-- 18 With consent-- 16 (requires parental and court approval Common law marriage-- Recognized Nebraska-- Adulthood-- age 19 (liquor 21) (individual recognized as an adult upon marriage Minimum age for marriage without consent-- 19 With consent-- 17 (with both parents approval) Common law marriage-- Not recognized since 1923; but recognized if valid where entered into Nevada-- Adulthood-- age 18 (minors can be emancipated by court action after age 16) Minimum age for marriage without consent-- 18 With consent-- 16, with consent of parents; below 16 with court approval Common law marriage-- Not recognized; no provision concerning out of state common law marriages New Hampshire-- Adulthood-- age 18 Minimum age for marriage without consent-- 18 With consent-- 14 males, 13 females with court approval Common law marriage-- Not recognized; out of state common law marriages are recognized New Jersey-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16; below 16, if pregnant and with court approval Common law marriage-- Not recognized since 1939 New Mexico-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16; below 16 with court approval Common law marriage-- Not recognized; if recognized in the state where entered into then recognized New York-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16; 14-16 with court approval Common law marriage-- North Carolina-- Adulthood-- age 18 (liquor 21; may not run for) elected office beolow age 21) Minimum age for marriage without consent-- 18 With consent-- 16; 12 if is female pregnant with court approval Common law marriage-- Not recognized; will recognize common law marriage if valid where entered North Dakota-- Adulthood-- age 18 (liquor 21) Minimum age for marriage without consent-- 18 With consent-- 16 (below 16 marriage not permitted) Common law marriage-- Not recognized Ohio-- Adulthood-- age 18 (liquor 21) (emancipation by court order is possible) Minimum age for marriage without consent-- 18 With consent-- 16 Common law marriage-- Recognized Oklahoma-- Adulthood-- age 18 (liquor 21 (emnacipation is possible via court order) Minimum age for marriage without consent-- 18 With consent-- 16; under 16 marraige only permissible if the female is pregnant Common law marriage-- Recognized Oregon-- Adulthood-- age 18 Minimum age for marriage without consent-- 18 With consent-- 17; below 17 with court approval Common law marriage-- Not recognized; if valid where entered into then recognized in state Pennsylvania-- Adulthood-- age 21 Minimum age for marriage without consent-- 18 With consent-- 16; below 16 requires the permission of the Orphan's Court Common law marriages-- Are recognized Rhode Island-- Adulthood-- 18 (21 liquor) Minimum age for marriage without consent--18 With consent-- 16; males may marry at 14 and females may marry at 12 provided that court approval is obtained after compulsory investigation by child welfare agency Common law marriages-- Recognized; no definitive ruling as to the recognition of out of state common law marriages South Carolina-- Adulthood-- 18 (21 liquor) Minimum age for marriage without consent-- 18 With consent-- 16 for males, 14 for females Common law marriages-- Recognized South Dakota-- Adulthood-- 18 (21 liquor) Minimum age for marriage without consent-- 18 With consent-- 16, only if female is pregnant and with parental consent Common law marriages-- Not recognized since 1959 Tennessee-- Adulthood-- 18 (21 liquor) Minimum age for marriage without consent-- 18 With consent-- 16, only if female is pregnant and with parental consent Common law marriages-- Not recognized since 1959 Texas-- Adulthood-- 18 (or marriage; may be emancipated after age 16 Minimum age for marriage without consent-- 18 With consent-- 14; below 14 requires court approval Common law marriage-- Recognized; please note that Texas has an unusual arrangement; you can register common law marriages Utah-- Adulthood-- 18 (or marriage) Minimum age for marriage without consent-- 18 With consent-- not specified; Common law marriage-- Recognized under stringent rules; the most important of which is that a judicial determination must be made within a year of the termination of the marriage Vermont-- Adulthood- 18 (or marriage) Minimum age for marriage without consent-- 18 With consent-- 16; 14-16 requires court consent Common law marriage-- Not reccognized Virginia-- Adulthood-- 18 (21 for liquor) Minimum age for marriage without consent-- 18 With consent-- 16; Common law marriage-- Not recognized; however, common law marriages valid where entered into are recognized Washington-- 18 Minimum age for marriage without consent-- 18 With consent-- 17; below 17 requires court approval Common law marriage-- Not recognized; however, out of state common law marriages are recognized West Virginia-- Adulthood-- 21 (Court emancipation possible at age 16 or if over 16 and married) Minimum age for marriage without consent-- 18 With consent-- Quite limited Common law marriage-- Not recognized; out of state common law marriages may be recognized in certain cases Wisconsin-- Adulthood-- 18 Minimum age for marriage without consent-- 18 With consent-- 16 Common law marriage-- Not recognized; out of state unsettled Wyoming-- Adulthood-- 19 Minimum age for marriage without consent-- 19 With consent-- 16 Common law marriage-- Not recognized