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Can a minor marry in Virginia with parental consent?

Can a minor marry in Virginia with parental consent?

Full question:

A soon-to-be 16 yr old neighbor girl is contemplating becoming emancipated. She's not married or in the military, and is not capable of supporting herself, so per VA state law, it doesn't appear that could happen. However, she and her 17 YO boyfriend are talking about marriage, and her parents are willing to consent to that. But, the plan is for all four of them to live happily-ever-after together. So she wouldn't need to be emancipated, but she also doesn't need to be responsible for taking care of her dysfunctional parents! What I'm wondering is, even if the parents stupidly agree to this union, is there anyone along the way (social services, a judge, a counselor) that intervenes in the process? Or is it a done-deal once her parents sign on the dotted line?

Category: Minors
Date: 04/07/2025
State: Virginia

Answer:

In Virginia, the minimum age to marry with parental consent is sixteen (Va. Code § 20-48). If the girl is sixteen and her parents consent, she can marry without needing emancipation. However, if either party is under eighteen and has not been previously married, parental consent is required. This consent can be given in person or in writing (Va. Code § 20-49).

If a minor is a ward of the Commonwealth due to being adjudicated as a delinquent or neglected child, consent must come from a judge or authorized representative, not just the parents. In cases where the minor is abandoned or has no parents, a judge can authorize the marriage license (Va. Code § 20-49).

Therefore, while parental consent is necessary for a marriage to proceed, there are circumstances where a judge or social services may intervene, especially if the minor has a history with the court system.

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

How to be independent from your parents at 16?

To become independent at 16, you can explore options like seeking emancipation, which allows you to make decisions without parental consent. In Virginia, emancipation requires proving you can support yourself and manage your own affairs. Alternatively, you can develop life skills, find part-time work, and build a support network of friends or relatives. However, legal independence often requires parental consent or court approval, especially if you are still living at home.

What are the requirements to be emancipated in Minnesota?

In Minnesota, to be emancipated, a minor must be at least 16 years old and demonstrate the ability to support themselves financially and manage their own affairs. The minor must file a petition with the court, and the court will consider factors such as living arrangements, income, and maturity. Parental consent is not required, but the court may notify parents about the proceedings. The process can be complex, so legal advice is recommended.

How to get emancipated at 16 in VA?

In Virginia, to seek emancipation at 16, you must demonstrate that you can support yourself financially and manage your own affairs. You need to file a petition with the court, and a judge will review your situation. If you are not capable of supporting yourself, emancipation is unlikely to be granted. It's advisable to consult with a legal professional for guidance throughout the process.

Can I leave home at 16 without my parents' consent in Virginia?

In Virginia, you cannot legally leave home at 16 without parental consent unless you are emancipated. If you leave without consent, your parents may report you as a runaway. Emancipation allows you to make your own decisions, but it requires a court process to prove you can support yourself. It's important to consider the legal implications before making such a decision.

Can a minor get emancipated from only one parent?

In Virginia, emancipation is not specifically about being emancipated from one parent. Instead, it focuses on the minor's ability to support themselves and manage their own affairs. If a minor seeks emancipation, it typically involves both parents unless one parent is absent or has no legal custody. The court will consider the minor's overall situation and well-being.

Can you emancipate yourself at 16 from one parent?

In Virginia, you cannot unilaterally emancipate yourself from one parent at 16. Emancipation is a legal process that requires court approval, demonstrating that you can support yourself and handle your own affairs. The court will consider the involvement of both parents in the decision. It's advisable to seek legal counsel to navigate this process effectively.