What Happens if Common Marriage Requirements Aren’t Met?

When you are thinking about or have just married your spouse, divorce or an annulment is probably the last thing on your mind. In every state in the U.S., there are marriage requirements that come before you are permitted to get married to your significant other. Sometimes, these legal requirements are confusing and overwhelming, especially if you are taking the next step in your life. Today we will discuss some of these requirements and what happens if they are not met.

Legal Requirements for Marriage

Consent: Both parties must consent, or agree, to the marriage taking place – or else the marriage cannot continue. For the consent element to be met, both parties must agree to getting married and there must be no mistakes involved in the union. Likewise, nobody should be forced or coerced into marriage.

Age: Age is another way that you can consent to marriage, because most parties must be of age before they legally agree to marriage, unless parental permission is given. All but two states agree on the age of consent. In California, the age of consent is eighteen. With parental consent, you can get married at sixteen, however.

Capacity: This refers to the mental ability of both parties entering into the marriage. Not all forms of mental illness render someone incapable of marriage, so long as they can understand the nature of marriage and what their responsibilities are entering into this process.

Many people are under the impression that they can marry whoever they want, but this is not the case with considerations of relatives and minors taken. If you have not met these legal requirements but went through the marriage process, you may be a candidate for an annulment, or a void of marriage. This is a complicated process to go through, but one that we can help you with. You may have legal grounds for an annulment if you suffer from certain mental illnesses, your marriage is based on fraud, or many other elements. Call us today to find out more.