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Question

can an emancipated minor get married without consent?

Answer

Yes. Marriage is a binding contract, and in Arizona an emancipated minor has the right to enter into a binding contract.

The Arizona Legislature passed laws, effective on August 12, 2005, allowing minors to be emancipated (A.R.S. §§ 12-2451 through 12-2456). Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. Those rights and obligations include:

  • the right to enter into a binding contract
  • the ability to sue and be sued
  • the right to buy and sell real estate
  • the right to live independently
  • the legal duty to pay child support if you have a child
  • the ability to apply for loans and create your own debt
  • the right to consent to medical, dental and mental health care for yourself and your child and obtain your records
  • the right to further your education
  • the right to obtain social services
  • the right to operate certain equipment and perform certain services

    Arizona has another law that requires persons under eighteen years of age to have consent for marriage from the parent or guardian having custody of such person (A.R.S. § 25-102). This law does not apply to an emancipated minor because there is no one (parent or guardian) that has custody for the minor.

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    Added:
    Friday, 23 July 2010
    Revised:
    Friday, 23 July 2010

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