5 replies to this topic

[AmyEllaLee]

I am inquiring as to the validity of a marriage that took place between two Pennsylvania residents (male and female), both under the age of 18, who eloped to West Virginia and were married by a Justice of the Peace in 1982.  They did not have parental consent.  The marriage was never annulled or voided.  Is it a valid marriage?

To complicate matters, the male remarried eight years later in Pennsylvania to another woman and they have been married for 20 years.  Is his second/current marriage valid?

Thank you for your assistance and response.

[Fallen]

"Is it a valid marriage?"

Did someone issue them a marriage license or marriage certificate?  Was it based on them lying about their ages.  I don't presume to know what WV law was in 1982, but I presume if someone was under 18, they might need parental consent.

"Is his second/current marriage valid?"

The answer to that depends on the answer to the first question.

 

[pg1067]

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; LINE-HEIGHT: 1.5em; BACKGROUND-COLOR: #f5f5f5; FONT-STYLE: italic; MARGIN: 0.5em; PADDING-LEFT: 65px; PADDING-RIGHT: 40px; BACKGROUND-REPEAT: no-repeat; BACKGROUND-POSITION: 39px 9px; COLOR: #666; FONT-SIZE: 90%; PADDING-TOP: 0.5em" class="ptMsgQuote">AmyEllaLee said...

The marriage was never annulled or voided.  Is it a valid marriage?

To complicate matters, the male remarried eight years later in Pennsylvania to another woman and they have been married for 20 years.

[Tax_Counsel]

AmyEllaLee said...

The marriage was never annulled or voided.  Is it a valid marriage?

The marriage was probably valid when entered into, even though the couple was under age. The law in WV in 1982 would have to be examined to know that. However, current WV Code § 48-2-301 is the statute that sets age 18 as the age at which persons may enter into marriage. Subsection (e) of that section states: "If a person under the age of consent is married in
violation of this section, the marriage is not void for this
reason, and such marriage is valid until it is actually annulled."

AmyEllaLee said...

To complicate matters, the male remarried eight years later in Pennsylvania to another woman and they have been married for 20 years.  Is his second/current marriage valid?

Thus, unless WV law was different back in 1982, the man's first marriage was (and is) still valid until it is annulled, he obtains a divorce, or his first spouse dies. If that marriage is still valid, then his second marriage is bigamous and presumably void. Whether getting an annulment now would solve that problem is a good question for the man to ask a WV family law attorney. I suggest he do so ASAP.

[AmyEllaLee]

Does anyone know what the age requirement for marriage was in 1982?  If it was under the age of 18 for both parties and there was no parental consent, could a marriage be performed by a Justice of the Peace be considered valid?

Thank you!!!

[This post has been moved to the appropriate discussion. - Moderator]

[Fallen]

No need for a new post/thread on this.  If you'd contact the local county office that issues marriage licenses, you may be able to resolve this.  At any rate, I wouldn't take the word of a county official (or some stranger on the internet).  If you aren't willing to hit the WV legislature site and look at statutes, again, I suggest that you confer with a WV attorney.  The chance of one happening across your post on a miscellaneous message board is quite slim.