Marriage is a significant legal and social institution in the United States. However, the requirements and regulations surrounding who can legally marry vary by state and are influenced by federal laws. This article provides a comprehensive overview of who can legally marry in the US, exploring the general requirements, exceptions, and specific rules in various states.
1. Basic Eligibility for Marriage
Age Requirements
In the United States, the minimum age for marriage is generally 18 years old. This age requirement ensures that individuals entering into marriage are legally considered adults and can make informed decisions. However, there are exceptions:
Emancipated Minors: In some states, minors who are legally emancipated can marry before the age of 18. Emancipation grants a minor legal independence from their parents or guardians.
Parental Consent: Many states allow individuals under 18 to marry with parental consent. The exact minimum age for marriage with consent varies by state, but it often ranges from 16 to 17 years old.
Mental Capacity
To marry, individuals must have the mental capacity to understand the nature and consequences of marriage. This means that a person must be able to comprehend the rights and responsibilities that come with marriage. If a person is deemed mentally incapacitated by a court, they may be unable to legally marry.
Consent
Both parties must willingly and voluntarily consent to the marriage. Any form of coercion, force, or undue influence makes the marriage invalid. Consent must be given freely, without any form of pressure or manipulation.
2. Marriage Between Relatives
Prohibited Relationships
Marriage between close relatives is prohibited in all states. These prohibitions are based on concerns about genetic disorders and social norms. Generally, the following relationships are prohibited:
Siblings: Full and half-siblings are not permitted to marry.
Parents and Children: Marriages between parents and their biological children are illegal.
Aunts and Nephews/Nieces: Marriages between aunts and their nieces or nephews are also prohibited.
First Cousins
The rules regarding marriage between first cousins vary by state. Some states allow first cousins to marry, while others prohibit it or impose certain conditions.
3. Same-Sex Marriage
Legalization and Recognition
Same-sex marriage became legal across the United States following the Supreme Court decision in Obergefell v. Hodges in 2015. This landmark ruling recognized the constitutional right of same-sex couples to marry. Prior to this decision, same-sex marriage laws varied significantly from state to state.
Legal Rights and Responsibilities
Same-sex couples have the same legal rights and responsibilities as opposite-sex couples once married. This includes rights related to inheritance, taxation, and healthcare, as well as responsibilities like spousal support and property division in the event of divorce.
See also: What Is a Marriage Separation Agreement: A Simple Guide
4. Marriage to Non-Citizens
Legal Status
US citizens can legally marry individuals who are not US citizens. The process for a non-citizen spouse to gain legal residency in the US involves additional steps, including applying for a visa or green card.
Visa Categories
Several visa categories are available for non-citizen spouses, including:
K-1 Visa: Also known as a fiancé(e) visa, allows a non-citizen fiancé(e) to enter the US to marry a US citizen within 90 days.
CR-1/IR-1 Visa: For spouses of US citizens, this visa allows a non-citizen spouse to enter the US as a permanent resident.
5. Marriage and Immigration Status
Path to Citizenship
Marriage to a US citizen does not automatically grant citizenship to a non-citizen spouse. However, it can provide a pathway to permanent residency and eventually citizenship. Non-citizen spouses must follow specific procedures to adjust their immigration status.
Adjustment of Status
The non-citizen spouse may apply for an adjustment of status to become a permanent resident (green card holder). This process involves filing several forms, providing documentation, and attending an interview with immigration officials.
6. Marriages Involving Persons with Criminal Records
Criminal History
Having a criminal record does not automatically disqualify someone from marrying. However, certain criminal convictions, particularly those related to violence or abuse, can impact the ability to marry, especially if they affect custody arrangements or other legal responsibilities.
Background Checks
In some states, background checks may be required for individuals seeking marriage licenses, especially if there are concerns about domestic violence or other serious offenses.
7. Marriage Licenses and Procedures
Obtaining a Marriage License
To marry legally in the US, couples must obtain a marriage license from a county clerk’s office or other authorized agency. The requirements for obtaining a marriage license include:
Identification: Both parties must provide valid identification, such as a driver’s license or passport.
Fees: A fee is typically required to obtain a marriage license. The amount varies by state and county.
Waiting Periods: Some states have waiting periods between applying for and receiving the marriage license. This period can range from a few hours to several days.
Marriage Ceremony
Once a marriage license is obtained, couples must have a marriage ceremony to finalize the marriage. The ceremony must be conducted by an authorized officiant, such as a judge, religious leader, or other qualified person. After the ceremony, the officiant signs the marriage license, which is then returned to the county clerk’s office for official recording.
8. Legal Implications of Marriage
Property and Finances
Marriage affects property ownership and financial responsibilities. In community property states, assets and debts acquired during the marriage are generally considered jointly owned. In other states, property acquired during the marriage may be divided equitably in the event of divorce.
Healthcare and Benefits
Married couples are often entitled to various benefits, including health insurance coverage through a spouse’s employer. Marriage also affects eligibility for certain government benefits and social security.
Legal Rights and Responsibilities
Marriage grants several legal rights and responsibilities, including:
Inheritance Rights: Spouses typically inherit property from each other if one spouse passes away.
Spousal Support: In the event of divorce, one spouse may be entitled to spousal support or alimony.
Decision-Making: Spouses have the right to make medical and financial decisions for each other if one becomes incapacitated.
Conclusion
Understanding who can legally marry in the US is essential for ensuring that all legal requirements are met. The US legal system provides a structured process for marriage, with specific eligibility criteria and procedures that vary by state. By being aware of these requirements, individuals can navigate the legal aspects of marriage confidently and effectively.