To get married in Alabama, you have to be at least 18 if you’re marrying on your own. Sixteen and 17-year-olds can marry with a parent’s or guardian’s notarized consent, and anyone under 16 cannot legally marry in the state under any circumstance.1Justia Law. Alabama Code Title 30-1-4 – Minimum Age for Contracting Marriage
Age 18 and Older
If both people are 18 or older, nothing about age complicates the paperwork. You fill out the state’s standardized marriage certificate form, both sign in front of an Alabama notary, and file it with your county probate court along with a valid government-issued photo ID. No parental signatures, no court approval, no extra forms.2Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
Age 16 or 17 With Parental Consent
A 16 or 17-year-old can marry in Alabama, but only with the consent of a parent or guardian. The statute requires the consenting parent or guardian to sign a notarized affidavit that is filed alongside the marriage certificate at the probate court.3Justia Law. Alabama Code Title 30-1-5 – Consent of Parents Required for Marriage of Certain Minors One parent or guardian signing is enough.
In practice, the consent is a separate form called the “Affidavit of Consent for Marriage of a Minor,” which is page two of the state’s marriage certificate packet for minors. The parent prints the minor’s name, signs and dates the form, and has the signature witnessed by an Alabama notary. A notary from another state won’t work. Both pages of the packet have to be presented together to the probate court, or the marriage won’t be recorded as valid.4State of Alabama Department of Public Health. Instructions for Completing and Filing an Alabama Marriage Certificate (for Minors)
One exception matters here. The consent requirement only applies to minors who have not been previously married. A 17-year-old who was widowed or divorced from a prior marriage does not need parental consent.3Justia Law. Alabama Code Title 30-1-5 – Consent of Parents Required for Marriage of Certain Minors
Under 16: Not Permitted
Alabama law is absolute on this point. Anyone under 16 is legally incapable of entering into a marriage.1Justia Law. Alabama Code Title 30-1-4 – Minimum Age for Contracting Marriage There is no judicial bypass, no court petition, and no parental consent workaround. Some states still let judges approve marriages for younger minors in limited circumstances. Alabama does not. The Mobile County Probate Court’s FAQ puts it plainly: “Anyone under the age of 16 years old is not permitted to marry.”5Mobile County Probate Court. Alabama’s Marriage Act Frequently Asked Questions
This is a change from Alabama’s older rules, which once allowed marriages involving children as young as 14 with parental or judicial approval. A 2019 overhaul of the state’s marriage laws eliminated those exceptions.
How a Minor’s Marriage Gets Filed
Alabama replaced its traditional marriage license system in 2019 under Act 2019-340. Probate courts no longer issue marriage licenses. Couples complete a notarized marriage certificate form and file it with the probate court for recording.6Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know When one spouse is 16 or 17, the packet has two pieces:
- The marriage certificate itself, signed by both spouses in front of an Alabama notary. Each signature is separately witnessed and notarized.
- The parental consent affidavit, signed by the parent or guardian and notarized by an Alabama notary.
Both pieces are filed together at the county probate court, with valid photo ID for the adults involved and the county’s recording fee. The marriage becomes effective on the date of the last notarized signature, not the date of filing. Neither spouse needs to be an Alabama resident.2Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
The 30-Day Filing Deadline
You have 30 calendar days from the notarization date to file the form with the probate court. Miss that window and the form expires. You’d need to start over with a fresh form, a new notarization, and a new filing fee.6Alabama Department of Public Health. Getting Married in Alabama? Changes You Need to Know For a marriage involving a minor, the parental consent affidavit’s notarization is on the same clock, since it has to be filed alongside the certificate.
Filing fees are set by each county probate court and typically run in the $70 to $80 range. Montgomery County charges $78.50 including one certified copy; Tuscaloosa County charges $75.7Tuscaloosa County Alabama. Marriage Certificate Fees are non-refundable, so it’s worth checking every field on the form before you file.
Consent Has to Be Genuine
Alabama treats marriage as a legal contract, which means both parties have to actually consent. A marriage entered through force or fraud can be challenged in court and declared invalid under Alabama Code Title 30, Chapter 1.8Justia Law. Alabama Code Title 30, Chapter 1 – Marriage The same goes for a marriage where one party lacked the mental capacity to understand what they were agreeing to. The face-to-face notarization requirement built into the certificate process, including the parental affidavit for minors, is designed to make forged or coerced consent harder to slip through.