Family Law

No bigamy (no existing valid marriage), no marriage within prohibited degrees of consanguinity, and parties must meet the minimum age (with parental or judicial consent for minors).

Yes. Same-sex marriage is a fundamental right under the Due Process and Equal Protection Clauses; states must license and recognize such marriages (Obergefell v. Hodges).

A valid ceremonial marriage requires a marriage license plus solemnization by an authorized officiant; procedural defects (e.g., an unlicensed officiant) are often curable and do not necessarily void the marriage.

Parties must have capacity and the intent to marry. A marriage entered without genuine intent (a sham marriage) or induced by fraud going to the essentials is voidable.

In the minority of states recognizing it: a present agreement to be married, cohabitation, and holding out to the public as married. No license or ceremony is required.