Not necessarily. Most states require both fiancés to be 18 years old or older. Otherwise, they must obtain consent from a parent or judge. The most common situations in which a judge consents to an underage marriage is when the woman is pregnant, and in these circumstances, the judge often requires proof that the couple can financially support themselves.
People who are already married, even if they have been separated for a long period of time, cannot get married until they divorce their former spouse. Proof of dissolution (divorce), annulment, or death of previous spouse is required to show termination of any and all prior marriages. When in a legal marriage, changing your legal status from married to unmarried or single is obtained via a dissolution or divorce.
Both people must have the mental capacity to enter into a contract. If because of mental illness, drugs or alcohol, or other issues that affect judgment, either person cannot and does not understand what it means to be married, then that person lacks the mental capacity to consent to the marriage.
The two people cannot be blood relatives. In most states, they can’t be closer than third cousins. Many states allow first cousins to marry if they are of an elderly age and no longer able to conceive.
Most states only allow marriage to be between a man and a woman. Currently, there is a federal law, the Defense of Marriage Act (DOMA), that defines marriage as only between a man and a woman. However, legislators are considering revoking that definition. This revocation of DOMA would not automatically give same sex marriage rights, but it would remove the federal ban on them.
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