Minors and First Cousinns Requesting a Marriage License

Minors Requesting a Marriage License

(16 or 17 year olds) If at the time of applying for a license the applicant is a minor, and not before married, a license may not be issued without the signed consent of the minor's father, mother, or guardian given in person to the clerk; however:  if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk.  If the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time. If a minor is not in the custody of a parent, the legal guardian shall provide consent and provide proof of guardianship.  The minor and the parent or guardian shall obtain a written authorization to marry from: a judge of the court exercising juvenile jurisdiction where either party resides or a court commissioner as permitted by rule of the Judicial Council.

First Cousins Applying for a Marriage License

First cousins may marry if they are 65 years of age or older. If they are between 55 and 64 years of age, the district court in the county where they reside must find that either person is incapable of reproduction in order for them to be married.

Minors under the age of 16 are not permitted to marry.

Note: The judge shall require that both parties to the marriage complete premarital counseling. This requirement may be waived if premarital counseling is not reasonably available.

The Judge or Court Commissioner may not issue a written authorization to the minor if the age difference between both parties to the marriage is more than seven years.