SHOCKING: Idaho Marriage Law is Jaw-Dropping

When researching the varying marriage laws in Idaho and some other Northwest states, I stumbled upon a marriage law in Idaho and California that was both surprising and disturbing. Keep reading to see where Idaho and California marriage laws diverge from neighboring states.

Common-Law Marriage Laws in the Northwest

I didn't find too much out of the ordinary when it comes to common-law marriage recognition. Common-law marriage laws are relatively consistent throughout the Northwest and most states no longer recognize common-law marriage.

Idaho repealed common law in the late '90s and will not recognize any common-law marriage after January 1, 1996.

Utah doesn't recognize common-law marriage but allows for a couple to petition the court to recognize their relationship between consenting parties of legal age.

Washington State does not recognize a common-law marriage; however, it does recognize the common-law status of those moving in from another state that acknowledges common-law status. Washington also has a doctrine similar to common law called a Committed Intimate Relationship wherein a couple may be treated like a married couple as long as certain criteria are met.

California hasn’t recognized common-law marriages in more than 100 years. Like Washington, California will recognize common-law marriages from out-of-state transplants. Otherwise, you’ll need to get married or file for a domestic partnership if you want your domestic status to be recognized by the courts.

Legal Age of Consent for Marriage

When it comes to the legal age of consent for marriage throughout the Northwest, the states are largely in agreement, except for Washington State. The legal age of consent in Idaho, Utah, and California is 18, without exception. Washington State currently allows minors at 17 to marry without parental consent, but it’s worth noting that a bill is heading to Washington's governor to raise the minimum age requirement to 18.

Marriage of Minors with Parental Consent

This is where Idaho and California diverge from neighboring states. With some exceptions, the majority of states have some kind of minimum age requirement for marriage, with parental consent.

Washington and Utah list 16 as the lowest age the states will allow for marriage with parental or guardian consent.

No Age Limit on the Marriage of Minors with Parental Consent in Idaho and California

You may be surprised to see that Idaho and California allow for the marriage of a child of any age as long as they have parental consent.

A bill introduced in California in 2017 aimed to set the minimum age to 18 failed to pass. Currently, minors under 18 in California may marry with at least one consenting parent, and the union must be approved by a California Superior Court judge. 

And in Idaho, you might be surprised to know that Idaho’s limit of 16 was only recently passed in 2020, allowing for 16-year-olds to marry with parental consent. However, Idaho will also allow for child marriage under the age of 16 with parental consent if permission is obtained from the court.