The legal marriage age by state is 18 almost everywhere, with two wrinkles: Nebraska’s general age of majority is 19, and Mississippi requires parental consent until 21. Below 18, the rules split sharply. About 17 states and the District of Columbia now prohibit marriage under 18 with no exceptions, while the remaining states still allow minors — typically 16 or 17, occasionally younger — to marry with parental consent, a judge’s approval, or both.
The 18 Baseline
In nearly every state, turning 18 is enough on its own. You can apply for a marriage license without a parent’s signature, without a court hearing, and without any special paperwork beyond the standard application. This matches the broader rule that 18 is when adult legal rights take effect.
Nebraska sets its general age of majority at 19, so Nebraskans under 19 are legally minors for most purposes. The state’s marriage statute, however, sets 17 as the minimum age to marry. A Nebraskan who marries before 19 ends their minority through the marriage itself and is treated as an adult from that point.
Mississippi is the broader outlier. Anyone under 21 needs parental consent to marry there. The statutory floors are 17 for males and 15 for females, and a judge can waive even those minimums if the parents consent and the court finds sufficient reason. That makes Mississippi’s framework the most permissive in the country.
States That Ban Marriage Under 18
Since 2018, a wave of states has set 18 as an absolute minimum with no exceptions. Delaware and New Jersey went first that year. Pennsylvania and Minnesota followed in 2020. Rhode Island and New York enacted bans in 2021, Massachusetts in 2022, and Vermont, Connecticut, and Michigan in 2023. Washington, Virginia, and New Hampshire joined in 2024, and the District of Columbia, Maine, Oregon, and Missouri in 2025.
In these jurisdictions, parental consent cannot lower the age. Neither can a judge’s order, and neither can pregnancy. The statutes also commonly penalize clerks who knowingly issue licenses to underage applicants. New York, for instance, makes it a misdemeanor punishable by a $100 fine for a clerk to issue a license when either party is under 18.
The reasoning behind these bans is practical as much as moral. A person under 18 generally cannot file for divorce on their own, hire an attorney, access domestic violence shelters independently, or seek a protective order without going through a guardian. Marriage itself doesn’t close those gaps in most states, so a minor can be bound by the contract without having the legal tools to leave it.
States That Still Allow Minors to Marry
In the roughly 33 states without a full ban, minors can still marry under conditions. The most common statutory floor is 16; some states set it at 17. These states generally require parental consent, judicial approval, or both before a clerk will issue a license to anyone under 18.
A smaller group of states has no firm statutory floor below 16 and instead leaves the question to judicial discretion. In those places, a judge can in theory approve a marriage for someone younger if the circumstances seem to warrant it. Between 2000 and 2018, researchers documented nearly 300,000 children married in the United States; of those whose ages were recorded, 96% were 16 or 17, but some were as young as 10.
What Parental Consent Actually Requires
Parental consent is more than a signature on a form. It usually means a written, notarized affidavit from a parent or legal guardian stating they support the marriage. Many states also require the parent to appear in person at the clerk’s office or in court, present identification, and verify their relationship to the minor. A letter or phone call will not do it. If the parents are divorced, some states require consent only from the custodial parent; others require both parents unless one has had parental rights terminated.
What Judicial Approval Involves
Many states require a judge to sign off even when the parents consent. The judge holds a hearing and applies a “best interest of the minor” standard, weighing factors like the minor’s maturity, the age gap between the parties, the couple’s finances, and any sign of coercion. Some states require the court to appoint a guardian ad litem — an independent advocate who investigates and reports on whether the marriage would actually serve the minor’s interests. If the judge approves, the signed order has to be submitted with the marriage license application; without it, the clerk cannot issue the license.
The Pregnancy Exception
Historically, many states let minors of any age marry if a pregnancy was involved. Most have repealed those provisions. As of 2025, only four states and one territory still allow pregnancy to lower the minimum marriage age: Arkansas, Maryland, New Mexico, Oklahoma, and Guam. Arkansas and Maryland kept the pregnancy carveout even after passing broader age reforms. No state has added a new pregnancy exception in recent years.
What Changes Legally When a Minor Marries
Marriage shifts a minor’s legal status, but not completely. In most states, marriage removes the “disability of nonage,” meaning a married minor can sign contracts, lease an apartment, open bank accounts, and manage their own finances as an adult would. Several states explicitly grant married minors full legal capacity to sue, be sued, and manage their own property.
Some adult rights stay off-limits. A married minor still cannot vote before 18 or buy alcohol before 21, and other age-specific statutory and constitutional rules continue to apply. The harder problem is exiting the marriage. Filing for divorce means initiating a lawsuit, and in many states minors cannot do that on their own; they need a parent or guardian to act for them. If the parent who consented to the marriage is unwilling to help undo it, the minor may have no practical route out. Domestic violence shelters often cannot admit unaccompanied minors even when they are married, and retaining an attorney independently is difficult when a minor may lack standing to sign an engagement letter.
Annulling an Underage Marriage
An underage marriage that was not properly authorized is generally voidable rather than void. The difference matters: a void marriage is treated as though it never existed, while a voidable marriage is legally valid until a court sets it aside. Until that happens, both spouses have the rights and obligations of any married couple.
An annulment on underage grounds can usually be filed by either spouse, a parent, or a legal guardian. Deadlines vary. Some states tie the window to when the underage spouse reaches the age of majority, giving them a set period after turning 18 to seek annulment. Others measure from the date of the marriage. The decision is not automatic, either; judges often weigh the full circumstances, including whether the couple has lived together as spouses and whether children have been born.
If the underage spouse stays in the marriage after reaching legal age without challenging it, most states treat that as ratification, and the window to annul on age grounds closes. Anyone who thinks they were improperly married as a minor should talk to a family law attorney promptly rather than assume the marriage will later be undone on its own.
Common Law Marriage Does Not Lower the Age
About a dozen states still recognize some form of common law marriage, which lets a couple be legally married without a license or ceremony. It is not a workaround for underage couples. Colorado and Kansas, two of the more prominent common law marriage states, both require that both parties be at least 18 for a valid common law marriage. Other states that recognize the institution generally apply their standard marriage-age rules or similar age floors. Simply living together and calling each other spouses is not enough on its own, and age minimums are consistently enforced.