Legal Question in Family Law in Virginia

age for marriage

my girlfriend and i want to get married. she is 16 and i'm 22. her parents are unwilling to sign. is there a state we can get married in without parental consent? what if we went to mexico and got married? would it be legal in the states?


Asked on 9/24/97, 8:32 am

4 Answers from Attorneys

Cynthia Carroll Cynthia Y. Carroll, P.A.

Marriage age in SC

If I'm not mistaken, the legal age in SC is 16; however, please be advised that it is my understanding that there is presently a bill before the State Senate to modify that age requirement in some way.

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Answered on 9/24/97, 4:54 pm
Bonnie Selby Bonnie J. Selby, Attorney at Law

DON'T WANT TO HEAR. . .

WAIT--HAVE YET TO OBSERVE YOUNG WOMAN THAT AGE MAKING MATURE DECISION ABOUT LIFE-LONG COMMITMENT! MANY THINGS TO DO, WHICH CAN BE DONE TOGETHER W/O MARRIAGE.

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Answered on 9/24/97, 8:14 pm
John Maus Law Office of John R. Maus

Probably, Depends and Maybe

Yes, there probably is a state to which you could travel in which the legal age to marry is 16 or younger. Whether a marriage entered into in another state or country would be recognized in your state depends on that particular state's law. In Virginia, for example, marriages that would not be valid in Virginia are recognized if they are valid where they occur. For example, you have probably heard of a "common law" marriage, a relationship in which a man and woman live together for a certain period of time and do things that married couples do, such as having joint property, bank accounts, etc. After a while, some states treat those people as being as officially married as if they had gone through a ceremony. You cannot create a common law marriage in the Commonwealth of Virginia, but if you have created a common law marriage in a jurisdiction where it is allowed, Virginia will recognize that. Other jurisdictions, be it foreign countries or other state, usually have residence requirements. If you fudge on the residence requirements, then your marriage could later be invalidated by that jurisdiction or disregarded by any other in which you seek to assert its legitimacy. The amount of scrutiny that your "foreign" marriage will undergo may depend on how opposed your girlfriend's parents are to her marriage.

It is important to remember that in the Commonwealth of Virginia (and in most other states) a person is not considered to have the good sense and mature judgment to make adult decisions for themselves until they are 18. There are good reasons for this. People of younger ages often cannot understand the long-term consequences of their actions. Put off getting married for now; continue dating (and other activities) to make sure that this is the person to whom you want to be married until you can afford a good divorce lawyer.

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Answered on 9/24/97, 9:54 pm
Jack Harding Denver Center for Divorce Solutions

Wait! Wait! Wait!

You don't want to hear this, but I agree with Bonnie. Don't do it. I'm 50 years old. I've been married to the same woman for 27 years. We have a wonderful marriage. We got married when we were 23. We both agree, it was *way* too early. It took a long time to get here. I figure women ought to be about 30 and men about 40 before they get married. For the sake of the kids if nothing else. Do yourself one huge favor: wait.

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Answered on 9/25/97, 11:46 am


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