Is a Minor Married in Mexico Still Married in the USA?

Question from Rosa, Is a Minor Married in Mexico Still Married in the USA?

Answer from AI:

When it comes to the recognition of marriages from other countries, the United States generally adheres to the principle of comity. This means that a marriage legally performed in another country is usually recognized in the U.S., provided it does not violate public policy or significant laws of the state where recognition is sought.

Recognition of Foreign Marriages

• For a marriage to be recognized in the U.S., it must be valid in the country where it was performed.
• The couple must have followed all the legal requirements of the foreign jurisdiction for the marriage to be considered valid.
• Marriages that involve polygamy, incest, or lack of consent are examples of unions that may not be recognized due to being against U.S. public policy.

Age of Consent and Marriage

• The age of consent for marriage varies by state in the U.S., with most states setting it between 16 and 18 years old.
• Some states allow minors to marry with parental consent or judicial approval.
• If a minor is legally married in Mexico, where the marriage laws might differ, the U.S. may recognize the marriage if it was legal in Mexico and does not violate state laws.

State Laws and Public Policy

• Each U.S. state has its own laws regarding marriage, including the legal age and conditions under which a minor can marry.
• States may refuse to recognize a marriage if it is significantly out of step with the state’s public policy.
• For example, if a state has strict laws regarding the minimum age for marriage without exception, it might not recognize a marriage involving a minor from another country.

Legal Implications

• Recognition of a marriage can affect immigration status, eligibility for government benefits, and other legal rights.
• Non-recognition of a marriage can lead to complications in legal status, tax filings, and property rights.

Consulting a Legal Professional

Because marriage laws can be complex and vary significantly from one state to another, it is advisable for individuals in this situation to consult with a family law attorney who has experience with international marriage laws. An attorney can provide guidance on whether a marriage will be recognized and what legal steps may be necessary to ensure that marital rights are protected in the U.S.

For more information on state-specific marriage laws, you can visit the National Conference of State Legislatures website, which provides resources on the laws regarding minor marriage in the United States.

Remember, this information is not legal advice, and individuals should seek personalized guidance from a legal professional to address their specific situation.