Can a 16 year old girl legally marry a 20 year old guy?

Asked almost 3 years ago - Moreno Valley, CA

Im 16 and my boyfriend is 20 i would like to know if there is a problem with us getting married. And do we need my parents consent?

Attorney answers (1)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Yes, with parental consent.

    In California, a minor under the age of 18 can still get married. Specifically, California Family Code sections 302 and 303 provide as follows:

    "302. (a) An unmarried male or female under the age of 18 years is
    capable of consenting to and consummating marriage upon obtaining a
    court order granting permission to the underage person or persons to
    marry.

    (b) The court order and written consent of the parents of each
    underage person, or of one of the parents or the guardian of each
    underage person shall be filed with the clerk of the court, and a
    certified copy of the order shall be presented to the county clerk at
    the time the marriage license is issued.

    303. If it appears to the satisfaction of the court by application
    of a minor that the minor requires a written consent to marry and
    that the minor has no parent or has no parent capable of consenting,
    the court may make an order consenting to the issuance of a marriage
    license and granting permission to the minor to marry. The order
    shall be filed with the clerk of the court and a certified copy of
    the order shall be presented to the county clerk at the time the
    marriage license is issued."

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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