North Carolina Marriage Laws for Minors
North Carolina raised its minimum marriage age in 2021. Here’s what the law currently allows, and doesn’t, for anyone under 18 who wants to marry.
North Carolina’s Minimum Marriage Age Is 16
Under a 2021 change to state law (Session Law 2021-119), North Carolina raised the minimum marriage age from 14 to 16 and eliminated the prior exception that had allowed marriage under 16 in pregnancy cases with a judge’s permission. Today, no one under the age of 16 may legally marry in North Carolina under any circumstance.
What’s Required to Marry as a 16- or 17-Year-Old
Parental Consent
A 16- or 17-year-old may marry with the written consent of a parent or legal guardian. An exception applies to minors who have already been legally emancipated by the courts, who do not need parental consent.
The Four-Year Age Gap Rule
Even with parental consent, the law caps the age difference between the minor and the person they want to marry at four years. This limit is designed to prevent significantly older adults from marrying minors.
Where a parent won’t consent, a minor may in some circumstances ask a court to authorize the marriage instead, though the court’s approval does not override the four-year age gap rule or the absolute minimum age of 16.
What Happens If the Rules Aren’t Followed
A marriage that violates the age rules can be annulled. Although the statute uses the word “void,” North Carolina courts have generally treated underage marriages as voidable, which means the marriage stands until a court sets it aside. Either spouse, or in some cases a parent or guardian, may ask the court for an annulment while the underage spouse is still a minor. If a person under 18 misrepresents their age to get a marriage license, their parent or legal guardian may take legal action to have the marriage annulled.
How North Carolina’s Minor Marriage Law Changed in 2021
Until Senate Bill 35 became law in August 2021, North Carolina had one of the most permissive marriage-age statutes in the country. A 16- or 17-year-old could marry anyone, of any age, with one parent’s signature, and a 14- or 15-year-old could marry with a court order if a pregnancy or birth was involved. Advocates documented thousands of marriage licenses issued to minors in the state over the prior two decades, a large share of them to adults well over 18, and North Carolina had become a destination for out-of-state couples who could not marry at home. The 2021 law closed both doors.
| Before August 2021 | Now | |
|---|---|---|
| Minimum age | 14 with a court order in pregnancy cases; 16 otherwise | 16, no exceptions |
| 16- and 17-year-olds | Parental consent, any partner age | Parental consent or court order, and the other party may be no more than four years older |
| Pregnancy exception | Allowed marriage at 14 or 15 | Eliminated |
| Age-gap limit | None | Four years, cannot be waived by parent or judge |
The change was driven by research showing that girls who marry before 18 are far more likely to leave school, to experience domestic violence and poverty, and to divorce, and by the recognition that a married minor loses many of the protections childhood provides while gaining few adult rights. The four-year limit targets the most common harmful pattern, an adult marrying a teenager.
Parental Consent or Court Order: How Each Works
Parental consent
The written consent of a parent with legal custody, or of a guardian, is filed with the Register of Deeds at the time the license is issued. The consent must be notarized or given in person before the Register. If parents share custody, the consent of one parent with legal custody is generally sufficient under the statute, but a Register may require both where custody is disputed, and a parent who objects can raise it. A parent cannot consent around the four-year age-gap rule.
Court order
A 16- or 17-year-old who does not have a consenting parent may petition the district court for authorization to marry. The judge holds a hearing, may appoint a guardian ad litem, and must find that the minor is capable of assuming the responsibilities of marriage and that the marriage will serve the minor’s best interest. The judge cannot approve a marriage to someone more than four years older. Court orders are uncommon in practice.
Getting the license
Both parties apply in person to the Register of Deeds in any North Carolina county. A minor must present a certified birth certificate, identification, and either the parental consent or a certified copy of the court order. The Register verifies the ages of both parties from their identification and will refuse a license where the age gap exceeds four years. The license is valid for 60 days and the ceremony must be performed by an authorized officiant before two witnesses, as for any marriage. See what makes a marriage valid in North Carolina.
What a married minor can and cannot do
Marriage does not make a 16- or 17-year-old an adult. A married minor may consent to his or her own medical care and enter certain contracts related to the marriage, but remains a minor for most purposes: cannot sign a lease or a loan in most cases, cannot file for divorce without a guardian ad litem, and is still subject to compulsory school attendance laws. Minors who wish to be treated as adults may petition separately for emancipation under Chapter 7B, which is a different proceeding with its own standards.
Undoing an Underage Marriage, and Marriages From Other States
If a marriage was entered in violation of North Carolina’s age rules, the remedy is an annulment rather than a divorce. An annulment is a court ruling that the marriage was never valid. The underage spouse, the other spouse, or in some situations a parent or guardian can file for one, and the case is easier to bring while the underage spouse is still under 18. Once both spouses are adults and continue living together as a married couple, a court may treat the marriage as ratified and refuse to annul it. Our annulment page covers the process and the other grounds for annulment in North Carolina.
A marriage involving a minor that was performed lawfully in another state is generally recognized in North Carolina, even if it could not have been performed here. That means a couple who married at 15 in a state that allowed it will usually be treated as married once they move to North Carolina. Whether that marriage can later be annulled here depends on the facts, so talk to an attorney before assuming either way.
The reverse is also true. The 2021 law was written in part because North Carolina had become a destination for out-of-state couples who could not marry at home. A couple who cannot marry in their own state because of an age gap will now be turned away by a North Carolina Register of Deeds as well.
Common Questions
Can a 15-year-old get married in North Carolina, even with a judge’s permission?
No. Since the 2021 change in the law, no one under 16 may marry in North Carolina under any circumstances, including with a court order.
Do both parents need to consent to a 16- or 17-year-old’s marriage?
Generally, consent from one parent or legal guardian is sufficient, though the specific requirements can depend on the family’s custody arrangement. An emancipated minor does not need parental consent.
What is the four-year age gap rule?
For a 16- or 17-year-old to marry, the other spouse generally cannot be more than four years older, even with parental consent.
Is a marriage still valid if it happened before the 2021 law changed?
Yes. The 2021 change did not void marriages that were legally entered into before it took effect.
Can a 16-year-old marry a 21-year-old in North Carolina?
No. The other party may be no more than four years older, so a 16-year-old may marry someone who is at most 20, and a 17-year-old someone at most 21. Neither a parent nor a judge can waive the limit.
What if we got married in another state where the age rules are different?
North Carolina generally recognizes a marriage that was valid where it was performed, but not one that violates a strong public policy of the state. A marriage involving a child under 16, or a large age gap prohibited here, may be treated as voidable in North Carolina. This area is unsettled; get advice before relying on an out-of-state marriage involving a minor.
Can a married minor get a divorce?
Yes, on the same one-year separation ground as any other spouse, but the court will appoint a guardian ad litem to act for a spouse who is still under 18. Annulment may also be available if the marriage violated the age requirements.
Does a minor’s marriage end child support from the minor’s parents?
Marriage of a child generally terminates a parent’s court-ordered child support obligation for that child. The parent paying support should ask the court to terminate the order rather than simply stopping payment.
Is it a crime to marry a minor in violation of these rules?
The Register of Deeds should refuse the license, and a marriage entered in violation is voidable. Separately, sexual activity with a minor under 16 by an adult remains a criminal offense regardless of any marriage, which is one of the reasons the pregnancy exception was eliminated.
Can a 17-year-old marry a 22-year-old with parental consent?
No. The four-year age gap limit applies no matter who consents. A 17-year-old may only marry someone who is 21 or younger, and a 16-year-old may only marry someone 20 or younger. Neither a parent nor a judge can waive this.
What does a 16- or 17-year-old need to bring to get a marriage license?
A certified birth certificate, government-issued photo identification, and either the notarized written consent of a parent or guardian with legal custody or a certified copy of the court order authorizing the marriage. The other party brings identification as well, and the Register of Deeds will check both ages against the four-year limit before issuing the license.
Does getting married make a 16- or 17-year-old a legal adult?
No. A married minor can consent to their own medical care and enter contracts connected to the marriage, but remains a minor for most other purposes, including leases, loans, school attendance, and filing for divorce without a guardian ad litem. Emancipation is a separate court proceeding with its own requirements.
Questions About Marriage Laws in North Carolina?
Our family law attorneys can help you understand the current legal requirements for marriage involving a minor in North Carolina.