Marriage in the U.S. is legally recognized as the union between two individuals, usually for the purpose of establishing legal rights and responsibilities toward each other and any children they may have. Here are the main points to understand about marriage laws:
- Legal Requirements for Marriage
- Age: The legal age to marry is typically 18 years old. However, minors can marry with parental consent or, in some states, judicial approval. In certain states, the minimum age might be lower, but there are usually restrictions in place (such as parental consent) for underage marriage.
- Consent: Both parties must consent to the marriage. If there is coercion or fraud, the marriage may be considered void.
- Marriage License: Before getting married, couples must apply for a marriage license from the county clerk’s office. This license must be obtained before the marriage ceremony can take place. The requirements to obtain the license vary by state but generally include a fee and proof of identity.
- Marriage Ceremony: A marriage ceremony must be conducted by an authorized officiant (such as a religious figure, judge, or public official) in the presence of at least one witness.
- No Close Blood Relation: Most states prohibit marriages between close relatives, such as siblings or between parents and children, although laws regarding second cousins, for example, vary.
Types of Marriage
- Civil Marriage: A legally recognized union, typically performed by a judge or another authorized public official. It doesn’t have religious connotations.
- Religious Marriage: Some couples opt for a religious ceremony, but they must still obtain a legal marriage license for the marriage to be recognized by the state.
- Common Law Marriage: Some states recognize common-law marriage, where a couple is considered legally married without a formal ceremony if they live together for a certain period and hold themselves out as married. However, only certain states recognize this, and there are specific requirements.
Marriage Contracts
- Prenuptial Agreements: Couples may choose to sign a prenuptial agreement before marriage, which outlines how assets and debts will be divided in the event of divorce or death.
- Postnuptial Agreements: Similar to a prenuptial agreement, but these are created after the couple is already married.
