Roughly 16 states still let you get married at 16, and every one of them requires parental consent, a judge’s approval, or both before the clerk will hand over a license. Several also cap how much older the other spouse can be. The list has been shrinking quickly, with more than a dozen states moving to 18-only since 2016 and more joining in 2024 and 2025, so the rule in your state today may not be the rule next year.
The States That Still Allow It
These states set 16 as their minimum marriage age, each with its own mix of parental consent and court involvement: Alabama, Colorado, Idaho, Illinois, Indiana, Iowa, Louisiana, Montana, New Mexico, North Carolina, North Dakota, South Carolina, South Dakota, West Virginia, Wisconsin, and Wyoming. A few others permit marriage at 16 inside a broader exception framework rather than as a clean age floor.
The paperwork behind that “16” varies enormously. South Carolina asks only for a sworn affidavit from a parent or guardian; no judge needs to sign off.1South Carolina Legislature. South Carolina Code of Laws – Marriage Licenses Colorado goes to the other extreme: a juvenile court must find that the minor is capable of handling the responsibilities of marriage and that the marriage serves the minor’s best interests, and a guardian ad litem has to investigate before anything moves forward.2Colorado General Assembly. Modernizing Marriage Laws For Minors New Mexico requires written consent from every living parent on the birth certificate, or a district court order if a parent is unavailable or unwilling.3Justia Law. New Mexico Statutes Chapter 40 Article 1 Section 40-1-6 – Restrictions on Marriage of Minors
Hawaii permits marriage at 16 with parental consent, and at 15 with a court order, but no one younger can marry under any circumstances. Alaska and Arizona also allow marriage at 16, with strict limits on how much older the other spouse can be.
How Much Older the Other Spouse Can Be
This is where plans fall apart, and where criminal liability can enter the picture. Many of the states that allow a 16-year-old to marry also cap the age difference between the spouses. Crossing the cap doesn’t just block the license; depending on the state, it can trigger statutory rape or sexual exploitation charges.
Current caps range from two to seven years:
- Two-year gap: Florida
- Three-year gap: Alaska, Arizona, Colorado, Idaho, Louisiana
- Four-year gap: Georgia, Indiana, North Carolina, Ohio, Tennessee, West Virginia
- Seven-year gap: Utah
A 16-year-old in Colorado cannot marry anyone 20 or older. In Florida, even a 19-year-old is too old. Not every state with a 16-year-old floor has an explicit age gap statute, but the ones that do enforce them at the license counter. The clerk checks both parties’ ages against the limit before anything else.
Parental Consent and Judicial Approval
Every state that permits marriage at 16 requires at least one form of third-party authorization, and a growing number require both.
Parental Consent
The baseline is written, notarized consent from one or both parents. If parents share custody, both generally must consent. A parent with sole custody can usually sign alone, but has to produce the custody order or divorce decree. If both parents are deceased or unavailable, a legal guardian can step in.
Most states require the consenting parent to appear in person before the clerk or another authorized official and sign under oath. Mailing in a notarized form is not accepted everywhere. Alabama also requires a $200 bond, which becomes void if no lawful objection to the marriage exists.
Judicial Approval
More states now want a judge to weigh in independently, regardless of what the parents say. Colorado’s process is among the strictest: a juvenile court appoints a guardian ad litem to investigate the minor’s circumstances, file a report on specific statutory factors, and state a position on whether the marriage is in the minor’s best interests, followed by a hearing.2Colorado General Assembly. Modernizing Marriage Laws For Minors
Several states layer premarital counseling on top. Montana requires at least two sessions, no fewer than ten days apart. Ohio asks both applicants to confirm they received counseling satisfactory to the court. Indiana leaves counseling to the judge’s discretion as a condition of approval. These requirements can add weeks and are designed to slow the decision down.
What To Bring to the Clerk
Expect to produce all of the following before anything gets processed:
- A certified birth certificate from the vital records office. A hospital souvenir record or a photocopy is usually rejected.
- A government-issued photo ID: driver’s license, learner’s permit, state ID, passport, or military ID. The name and date of birth must match the birth certificate.
- A Social Security number. Federal law requires states to record it for every marriage license applicant as part of child support enforcement. Some states keep the number internal and put an alternative ID on the face of the license.4Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures To Improve Effectiveness of Child Support Enforcement
- A notarized parental consent form, with the consenting parent’s photo ID. If only one parent is consenting, bring the custody order.
- The certified court order, if judicial approval is required.
Applications typically also ask for both parents’ full names, including maiden names, and current residential addresses. A misspelled middle name can be enough to delay processing or force a new filing.
The Application and License Itself
Both parties must appear in person at the county clerk’s office at the same time. No state lets a minor apply by mail or online. The clerk verifies ages, confirms any age gap requirement, reviews the documents, and collects a fee generally between $30 and $100.
Many states impose a waiting period between issuance and when the license is valid for a ceremony. Florida requires three days for residents, waivable by completing a premarital course. Other states run from 24 to 72 hours, or no wait at all. Once active, the license expires in roughly 30 to 60 days, after which the couple has to reapply and pay again.
Residency rules also come into play. Some states require at least one party to live in the county or state where the license is filed, which exists in part to stop minors from traveling to more permissive jurisdictions. Officials check residency against the address on the ID.
What Changes Legally at Sixteen
In most states, marrying as a minor automatically emancipates you. The law then treats you as capable of adult responsibilities whether or not you feel ready for them.
An emancipated minor can generally sign binding contracts, lease an apartment, open bank accounts, and manage their own money without a parental co-signer.5California Courts. Emancipation in California Medical consent shifts too: a married 16-year-old can usually authorize their own treatment. Parents lose the legal obligation to provide financial support.
Marriage does not make a 16-year-old a full adult for every purpose. You still cannot vote until 18 or buy alcohol until 21. Compulsory education laws continue to apply in some states, so a married 16-year-old may still be required to attend school.5California Courts. Emancipation in California Federal age limits on firearms, tobacco, and military enlistment without parental consent are unchanged by marital status.
One consequence rarely gets considered going in: leaving the marriage is harder than entering it. In many states, a person under 18 cannot independently file a lawsuit, divorce included, without a guardian, next friend, or parent acting on their behalf. If the parent who consented to the marriage will not help end it, the minor spouse can be functionally stuck until turning 18. Advocacy groups cite this regularly as a reason minor marriages can become coercive.
States Where You Can No Longer Marry at 16
The direction of the law is clear. As of 2025, at least 16 states plus Washington, D.C. set their minimum at 18 with no exceptions: Connecticut, Delaware, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington. Kentucky sets its floor at 17 with nothing below that.
Virginia was the first to limit marriage to legal adults, in 2016. Washington, Virginia, and New Hampshire followed in 2024. In 2025, D.C., Maine, Oregon, and Missouri joined them. A separate group of states, including Georgia, Indiana, Ohio, and Texas, now restricts marriage to legal adults except for emancipated minors, which means a court has to find the minor self-sufficient before any marriage can proceed.
Because active bills are pending in several legislatures, check your state’s current statute directly before relying on any of this. The rule you need is the one in force the day you walk into the clerk’s office.