Can I annul my marriage due to being a minor at the time of marriage?

Full question:

I am married and I live in Vermont. I was under sixteen years of age when we entered in this relationship. Now I am nineteen. Can I now proceed to invalidate our marriage on the ground of minority?

  • Category: Marriage
  • Subcategory: Minor
  • Date:
  • State: Vermont

Answer:

In Vermont, a civil marriage can be annulled if either party was under eighteen at the time of marriage. However, if you married before turning sixteen and continued to live with your spouse after reaching eighteen, you may not be able to annul the marriage. Cohabitation after reaching the age of consent can prevent annulment.

According to Vermont law, specifically 15 V.S.A. § 512, a marriage may be annulled if one party was under sixteen or if consent was obtained through force or fraud. However, 15 V.S.A. § 513 states that a marriage cannot be annulled by a party of legal age at the time it was contracted, nor if the parties freely cohabited after reaching the age of consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In the U.S., you are not legally considered married unless you have a valid marriage certificate. However, in some states, long-term cohabitation may lead to common law marriage, which can grant some legal rights similar to marriage. In Vermont, common law marriage is not recognized, so you must have a formal marriage to be considered legally married. Cohabitation alone does not create a marital status. Always check local laws for specifics regarding marriage and cohabitation rights.