Family · Marriage License
Legal Age to Marry in California
The general age and absolute minimum age to marry in California, the parental-consent or court rules for a minor where permitted, and recent changes. Cited to the statute and stated as written.
The rule and exceptions in California
The general age, the permission path for a minor where allowed, and the absolute minimum.
California is often cited in the national debate as a state without a minimum marriage age. Bills to add a floor have been introduced in recent sessions. Confirm no minimum age has since been enacted before relying on this.
| The rule in this state | What it means |
|---|---|
| 18 without permission | A person 18 or older may marry without any consent or court involvement. |
| Under 18 needs consent and a court order | A person under 18 may be issued a license only with the written consent of at least one parent or guardian of each underage person and a court order granting permission to marry, under Family Code §302. Both are required. |
| Court reviews the circumstances | Before granting the order, the court has the parties, and where applicable a parent or guardian, separately interviewed, and a written report prepared assessing any force, threats, fraud, coercion, or duress (§304). |
| 30-day waiting period for 17 or younger | If the court grants permission and a party is 17 or younger, the parties generally may not request a license until 30 days after the order, with a narrow exception for a 17-year-old who has a high-school diploma or equivalent. |
| Exceptions and limits | What it means |
|---|---|
| No numeric age floor | The California statutes set no minimum age. A minor may, in principle, be issued a license at any age if a parent consents and a court grants permission. This is the distinguishing feature among these states. |
| The consent-and-order path governs | California does not use pregnancy or emancipation as a separate route. The §302 consent-plus-court-order requirement applies regardless. |
What to know
Neutral, factual points about applying for a marriage license in California. This is legal information, not legal advice.
- At 18 or older, no permission is needed
A person 18 or older can obtain a California marriage license without consent or a court order.
- Under 18, obtain both consent and a court order
A minor needs the written consent of a parent or guardian and a court order under §302. Consent alone is not enough.
- Expect an interview and, often, a waiting period
The court arranges separate interviews and a report, and for a party 17 or younger a 30-day waiting period generally applies after the order.
- Confirm the current law
Because this area has seen proposed changes, check the current Family Code §302 and §304 before relying on the rule, or consult a licensed California attorney.
Marriage-license rules and any minor exceptions turn on the current statute and your facts. This resource can connect you with a court self-help center or a licensed attorney.
→ California Courts — Self-HelpThis is general legal information, not legal advice, and it states the law as written. Minimum-age laws have changed in several states recently, so confirm the current statute with a court resource or a licensed attorney.
The California law in detail
In California the general age to marry is 18, and a person that age or older needs no consent or court involvement. For anyone under 18, Family Code §302 requires two things together: the written consent of at least one parent or guardian of each underage person, and a court order granting permission to marry. Section 304 adds process around the court order, including separate interviews of the parties and, where applicable, a parent or guardian, and a written report assessing any force, threats, fraud, coercion, or duress. Where a party is 17 or younger, a 30-day waiting period generally applies after the order. The feature that sets California apart from the other states here is that the statutes set no numeric minimum age; in principle a minor of any age may be licensed if a parent consents and a court grants permission. This page states the law as written. The area has drawn proposed legislation to add a floor, so confirm the current statute before relying on it.
Common questions
What is the legal age to marry in California?
The general age is 18. A person under 18 may be issued a license only with the written consent of a parent or guardian and a court order, under Family Code §302.
Does California have a minimum marriage age?
The statutes set no numeric minimum age. Under §302 and §304, a person under 18 may be licensed at any age if a parent consents and a court grants permission.
What does the California court review for an under-18 marriage?
The court arranges separate interviews of the parties and, where applicable, a parent or guardian, and a written report assessing any force, threats, fraud, coercion, or duress before deciding whether to grant permission.
Is there a waiting period for a minor to marry in California?
Generally yes. Where a party is 17 or younger, the parties usually may not request a license until 30 days after the court order, with a narrow exception for a 17-year-old with a high-school diploma or equivalent.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.