Legal Question in Family Law in Virginia

Under-age Marriage

I know a 14 year old girl who wants to get married. She has a 19 year old boyfriend. Problem is, that they can't get married until she is 16. They want to find a way to be married before she is 16. It is killing them because she has a rough home life, and he worries about her constantly. They are both christian, so they believe in not sleeping together before marriage, so they aren't doing anything illegal. Is there a way they can get married legally, with parental consent before she is 16 in this state or possibly another state without any legal problems, and move back to North Dakota or Nebraska immediately after their marriage?


Asked on 7/14/03, 11:47 pm

2 Answers from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Under-age Marriage

The age of consent in Washington State is 16. To get married at age 16 or 17 requires parental consent and court approval, unless the underage person has been declared an emancipated minor. But that can only be done at age 16 also. Otherwise, a person would have to petition the court and show extraordinary circumstances to be able to get married under age 16 and stil have parental approval. The underage person could not go to another state to get married, e.g., Texas, where the age of consent is lower, because that person would not be a resident of Texas, or some other state, and could not become a legitimate or bona fide resident without parental approval and participation. The 14 year old is simply going to have to wait. If the 19 year old takes the 14 year old somewhere across state lines without the 14year old's parents' consent, that could be considered kidnapping of a minor and transportation of a minor across state lines for an illegal purpose, resulting in both a federal and state felony criminal offenses.

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Answered on 7/15/03, 9:00 am
Scott Nolan The Law Offices of Scott C. Nolan

Re: Under-age Marriage

In asking your question, you have indicated that you desired an answer from Virginia, although you are in Washington.

In Virginia, the minimum age at which a person can be married with parental consent is 16. To be married younger than that requires not only the parent's permission but an appeal to the Courts with a showing of certain extraordinary circumstances, and is unlikely to be permitted even in those circumstances.

If your friend is having a difficult home life, she should seek help from Family Counselors and/or Clergy. Good Luck!

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Answered on 7/15/03, 3:49 pm


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