The court may enter an order declaring such a minor who desires to get married emancipated
if, after a hearing where both individuals intending to marry are present, the court
makes written findings that:
1. It is the minor's own will that the minor enter into marriage, and the minor is
not being compelled against the minor's will by force, threats, persuasions, menace,
2. The individuals to be married are mature enough to make such a decision to marry;
3. The marriage will not endanger the safety of the minor. In making this finding, the court shall consider (i) the age difference between
the parties intending to be married; (ii) whether either individual to be married
has a criminal record containing any conviction of an act of violence, as defined
in § 19.2-297.1, or any conviction of a barrier crime, as defined in § 19.2-392.02; and (iii) any history of violence between the parties to be married; and
4. It is in the best interests of the minor petitioning for an order of emancipation
that such order be entered. Neither a past or current pregnancy of either individual to be married or between
the individuals to be married nor the wishes of the parents or legal guardians of
the minor desiring to be married shall be sufficient evidence to establish that the
best interests of the minor would be served by entering the order of emancipation.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.