Until remedial legislation was passed in Arkansas in 1964, five States held underage
marriages to be absolutely void; now four States have such a law. In the case of a
marriage which is voidable because one or both of the parties were under the age of
consent, the marriage may become a valid marriage if the parties are living together
when the age of consent is attained. See the chart below for a summary of the laws
of the five States.
|
State
|
Effective Date
|
Law
|
|
Arkansas
|
Underage marriages contracted after 2/5/41, were absolutely void until remedial legislation
was passed on 3/27/64. If one of the parties to an underage marriage contracted after
2/5/41, and before 3/27/64,relied on its invalidity without court action and entered
into a subsequent marriage before 3/27/64, the subsequent marriage is valid and the
underage marriage remains void.
|
Where one or both parties were under the minimum statutory age (18 for males and 16
for females) when the marriage was contracted, the marriage is valid unless and until
annulled.
|
|
Colorado
|
1945
|
Where one or both parties were under the minimum statutory age (16 for males and females)
when the marriage was contracted, the marriage is void unless the marriage license
was issued pursuant to an order of a court of record.
|
|
Michigan
|
1921
|
Where the female was under 16 when the marriage was contracted, the marriage is void
unless the female was pregnant or had been living with a man as his wife and the marriage
was performed with written consent of her parents or guardian by a Probate Judge or
pursuant to the judge's designation, some other person competent to perform the marriage
ceremony.
|
|
Minnesota
|
1/1/64
|
Where one or both parties were under the minimum statutory age (18 for males and 16
for females) when the marriage was contracted, the marriage is void.
|
|
Utah
|
|
Where one or both parties were under the minimum statutory age (16 for males and 14
for females) when the marriage was contracted, the marriage is void.
|