SB 1030

This bill eliminates an existing exception to the marriageable age for certain

minors between the ages of 16 and 18 and, accordingly, establishes that all persons

must be 18 years of age or older in order to marry.

Under current law, a person who is at least 16 years old, but under 18 years old,

may obtain a marriage license if the person provides the county clerk with written

consent from the person's parents, guardian, custodian, or parent having the actual

care, custody, and control of the person. The required written consent must meet

certain formal requirements for verification and must be filed with the county clerk

at the time the person files an application for a marriage license. In certain limited

circumstances, a court may provide the required written consent. The bill eliminates

any exception to the general requirement that a person must be 18 years of age or

older in order to marry.

Under current law, a person who is at least 19 years old who has sexual

intercourse with a child who is at least 16 years old is guilty of a Class A

misdemeanor, unless the child is the person's spouse. Current law also provides that

a person who is under 19 who has sexual contact with a child who is 15 years old or

who has sexual intercourse with a child who is at least 15 is guilty of a Class A

misdemeanor unless the person is the child's spouse. The bill eliminates these

spousal exceptions unless the person was a child when the marriage occurred.

Current law provides that a court may annul a marriage on certain grounds,

including if a party was 16 or 17 years of age and did not have the consent of a parent

or guardian or judicial approval or if the party was under 16 years of age. In those

circumstances, current law allows the underaged person or a parent or guardian to

bring suit at any time before the underaged person turns 18 but requires that the

parent or guardian bring suit within one year of obtaining knowledge of the

marriage. Under the bill, a person who was under the age of 18 at the time of the

marriage may bring suit for annulment within 10 years of the marriage. The bill also

allows a parent or guardian to bring suit for annulment at any time prior to the

underaged party turning 18 and eliminates the requirement that such a suit be

brought within one year of obtaining knowledge of the marriage.

Finally, the bill expressly provides that a married minor may file an action for

divorce or legal separation.