Legal Question in Family Law in Mississippi

marriage

In mississippi a girl can legally get married at the age of 15. i am 16 and looking to get married. will marriage take my parents rights away? will marriage make me indepdent or my husband have guadianship? can my parents make me have a divorce if i get married in mississippi without their consent but legal? could there be legal issuses with getting married in ms at 16?


Asked on 8/16/06, 3:38 pm

1 Answer from Attorneys

Mary Milek Milek Law Firm

Re: marriage

Legal age in Mississippi is 21 years old. If you think you can just come waltzing in this state and tie the knot, at your age, think again. Getting married at 16 is the most asinine thing you could possibly do to yourself and your family. You need an education; not a husband or some way to escape from your parents.

� 93-1-5 (in part)...

...however, that if the female applicant shall be under the age of twenty-one (21) years and shall be a resident of the state of Mississippi, said application shall be made to the circuit court clerk of the county of residence of such female applicant. Said application shall be forthwith filed with the circuit court clerk and shall include the names, ages and addresses of the parties applying; the names and addresses of the parents of the parties applying, and if no parents, then names and addresses of the guardian or next of kin; the signatures of witnesses; and any other data which may be required by law or the Mississippi State Board of Health. The application shall be sworn to by both applicants.

...that if satisfactory proof is furnished to the judge of any circuit, chancery or county court that sufficient reasons exist, then the judge of any such court in the judicial district where either of such parties resides if they be over the age of twenty-one (21) years, or where the female resides if she be under the age of twenty-one (21), may waive the three-day waiting period and by written instrument authorize the clerk of the court to issue the marriage license to the parties if they are otherwise qualified by law...If either of the applying parties appears from the evidence to be under twenty-one (21) years of age, the circuit court clerk, immediately upon filing the application, shall cause notice of the filing of said application to be sent by prepaid certified mail to the father, mother, guardian or next of kin of both applying parties at the address named in said application.

(c) An affidavit showing the age of both applying parties shall be made by either the father, mother, guardian or next of kin of each of the contracting parties and filed with the clerk of the circuit court along with the application; or in lieu thereof, said both applying parties shall appear in person before the circuit court clerk and make and subscribe an oath in person, which said affidavit shall be attached to and noted on the application for the marriage license...

(d) The clerk shall not issue a marriage license under the provisions of this section unless the male applicant is at least seventeen (17) years of age, and the female is at least fifteen (15) years of age; provided, however, that if satisfactory proof is furnished to the judge of any circuit, chancery or county court that sufficient reasons exist and that said parties desire to be married to each other and that the parents or other person in loco parentis of the person or persons so under age consent thereto...

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Answered on 8/16/06, 5:29 pm


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