Legal Capacity to Marry

What is Legal Capacity to Marry?

A person must be at least the minimum age required under the state statute, must not have a living spouse from an existing marriage, and the intended marital partners cannot be related by blood. Other requirements are specified in each state's statute.

Further Reading

For more detailed information, see our related Family Law terms:

• Annulment
• Void and Voidable marriages
• Alimony
• Alimony Pendente Lite
• Marital Residence

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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