{"id":374001,"date":"2018-12-31T14:25:22","date_gmt":"2018-12-31T19:25:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-marriage-laws.html"},"modified":"2019-03-15T12:53:58","modified_gmt":"2019-03-15T17:53:58","slug":"massachusetts-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-marriage-laws.html","title":{"rendered":"Massachusetts Marriage Laws"},"content":{"rendered":"\n
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Massachusetts Marriage Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marriage is essentially a legal commitment to another person. Marriage gives each spouse certain rights and responsibilities, as governed by each state’s particular laws. While the procedure for getting married is also governed by state laws, all states require that individuals entering a marriage be of a certain age and have the legal capacity<\/a> to make the decision.<\/p>\r\n

Same-Sex Marriage in Massachusetts<\/h2>\r\n

Although there are still states that have laws prohibiting same-sex marriage, those laws became invalid as a result of the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges<\/i><\/a>. Same-sex marriage in Massachusetts became legal much earlier, however. In 2003, the Supreme Judicial Court of Massachusetts rendered a decision in Goodridge v. Department of Public Health<\/i><\/a> declaring that the state couldn’t deny same-sex couples the right to marry. The state started issuing marriage licenses to same-sex couples starting in May 2004<\/p>\r\n

Overview of Massachusetts Marriage Laws<\/h2>\r\n

Statutes are a good source of information to learn more about the law, but they’re rarely written in a clear and concise manner. For this reason, it’s often helpful to also read a summary of statutes. In the following table you can find both a summary of marriage laws in Massachusetts as well as links to applicable statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\nMassachusetts General Laws, Part II, Title II, Chapter 207, Section 1<\/a>, et seq. (Marriage<\/i>)<\/td>\r\n<\/tr>
Age Requirements<\/b><\/td>\r\n

An individual must be 18 years old to get married; however, minors can get married if they have a court order<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Prohibited Marriages<\/b><\/td>\r\n

An individual is prohibited from marrying their:<\/p>\r\n

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  • Parent (including step-parent);<\/li>\r\n
  • Sibling;<\/li>\r\n
  • Child;<\/li>\r\n
  • Grandparent (or their spouse);<\/li>\r\n
  • Grandchild;<\/li>\r\n
  • Aunt or Uncle;<\/li>\r\n
  • Niece or Nephew;<\/li>\r\n
  • Son or Daughter-in-Law;<\/li>\r\n
  • Grandchild-in-Law;<\/li>\r\n
  • Spouse’s Grandparent;<\/li>\r\n
  • Spouse’s Child; and<\/li>\r\n
  • Spouse’s Grandchild.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Void Marriages<\/b><\/td>\r\n

Any marriage prohibited because of blood relation, affinity<\/a>, or either spouse already being married to someone else* is automatically void, meaning that a divorce or other legal process is unnecessary to invalidate the marriage.<\/p>\r\n

*There are certain situations in which a marriage may be valid even though one spouse is already married. For details, please see Chapter 207, Section 6<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Related Statute(s)<\/b><\/td>\r\n

Massachusetts General Laws, Part II, Title II, Chapter 209, Section 1<\/a>, et seq. (Husband and Wife<\/i>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Massachusetts Marriage Laws: Related Resources<\/h2>\r\n

For additional information and resources related to this topic, please visit the links listed below.<\/p>\r\n