SB 634

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 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.