Marriage Requirements
What you need to know about getting
married.
Can anyone get married to anyone?
You must meet certain requirements in order to marry. These
vary slightly from state to state, but often include:
- being at least the age of consent (usually 18, though
sometimes you may marry younger with your parents' consent)
- not being too-closely related to your intended spouse
- having the mental capacity--that is, you must understand
what you are doing and what consequences your actions may have
- being sober at the time of the marriage
- not being married to anyone else
- getting a blood test, and
- obtaining a marriage license.
| Incest and Marital
Prohibitions |
| All states prohibit a
person from marrying his or her sibling, half-sibling, parent, grandparent,
great-grandparent, child, grandchild, great-grandchild, aunt, uncle, niece and nephew.
Some states have additional prohibitions. |
|
Does any state yet recognize same-sex marriages?
As of March 1998, lesbian and gay couples cannot legally
marry in any state. This may change, however, as a case is presently working its way
through the Hawaii courts that could legalize same-sex marriages in that state. A Hawaii
Circuit Court ruled in December, 1996 that denying lesbian or gay couples the freedom to
legally marry is unconstitutional. However, the state will not begin issuing marriage
licenses to lesbian or gay couples while the case is being appealed to the Hawaii Supreme
Court. A decision is expected in early 1998. Even if same-sex marriages are eventually
recognized in Hawaii, same-sex couples will be fighting an uphill battle to have their
unions honored in the other 49 states. Several states, including Georgia, South Dakota,
Texas and Utah have already passed laws designed to thwart same-sex marriages--and others
are sure to follow. In addition, the Defense of Marriage Act was signed into law in 1996
barring the federal government from recognizing same-sex marriages and permitting states
to ignore same-sex marriages performed in other states.
For more information about same-sex marriage, you can
contact the Forum on the Right to Marriage (FORM), (617) 868-3676. You may also want to
contact the Marriage Project of the Lambda Legal Defense and Education Fund, (212)
809-8585.
What is a common law
marriage?
In sixteen states, heterosexual couples can become legally
married if they:
- live together for a long period of time
- hold themselves out to others as husband and wife, and
- intend to be married.
These marriages are called common law marriages. Contrary
to popular belief, even if two people cohabit for a certain number of years, if they don't
intend to be married and hold themselves out as married, there is no common law marriage.
When a common law marriage exists, the spouses receive the
same legal treatment given to other married couples, including the requirement that they
go through a formal divorce to end the marriage.
See the section on Living Together for a list of which
states allow common law
marriages. |
