I am a sixteen-year-old in Virginia and want to get emancipated?

Full question:

I am a sixteen-year-old minor residing in Virginia and employed part-time as a library assistant in a private school. I have earnings to support myself and I have been living separated from my parents for the last two years with their consent. My parents are also very well convinced and satisfied about my consistency in life. My girlfriend and I are now thinking of getting married by availing the provision of emancipation. She is 18 years old. Are there any specific statutory requirements that I should be complying with? Can I approach the court directly to get emancipated?

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Virginia

Answer:

Title 16.1 of the Code of Virginia specifies on Emancipation of Minors.
 
Per § 16.1-331:

“Any minor who has reached his sixteenth birthday and is residing in this Commonwealth, or any parent or guardian of such minor, may petition the juvenile and domestic relations district court for the county or city in which either the minor or his parents or guardian resides for a determination that the minor named in the petition be emancipated.
The petition shall contain, in addition to the information required by § 16.1-262, the gender of the minor and, if the petitioner is not the minor, the name of the petitioner and the relationship of the petitioner to the minor.
 If the petition is based on the minor’s desire to enter into a valid marriage, the petition shall also include the name, age, date of birth, if known, and residence of the intended spouse.
The petitioner shall also attach copies of any criminal records of each individual intending to be married. The petitioner shall also attach copies of any protective order issued between the individuals to be married.”

 
A minor who has reached the age of 16 may file the petition in the Juvenile and Domestic Relations District Court for the county or city in which either the minor or the parent resides. After hearing all the parties, the court may enter order emancipating a minor if the court is convinced that the minor willingly lives separate and apart from his parents, with the consent and acquiescence of the parents, and that the minor can support himself and competently manage his own financial affairs.
 
The court may make written findings if the minor is emancipated based on intent to marry pursuant to § 16.1-333.1:

• the marriage is minor’s own will and the minor has not been compelled to marry,
• individuals to be married are mature enough to make such a decision,
• the marriage will not endanger the safety of the minor and
• the marriage is in the best interests of the minor.

 
If the person has approached the court per the statutory requirements of the code and if the  court is convinced about the genuineness of the issue, the court may emancipate the minor to live separately, thereby releasing the parents from the legal obligation.