Minnesota Statutes

Minn. Stat. § 517.02 (2026)

Persons Capable Of Contracting

✓ current as of May 2026
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A person who has attained the full age of 18 years is capable in law of contracting into a civil marriage, if otherwise competent.

Notes of Decisions
Cited in 8 cases, 1953–2019 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “103 (West 2005) Minnesota 18 Minn. Stat. § 517.02 (2004) Mississippi 15/17 Miss.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Minn. Stat. § 517.02 (1986) Miss. Miss. Code Ann.”
In re the Guardianship of O'Brien, 847 N.W.2d 710 (Minn. Ct. App. 2014). · cites it 4× “”); Minn.Stat. § 517.02 (2012) (mandating that those “capable in law of contracting” to a marriage includes “[e]very person who has attained the full age of 18 years .”
Thayer v. Duffy, 63 N.W.2d 28 (Minn. 1953). · cites it 2× “Section 517.02 authorizes such a motion upon the minutes within 15 days of a decision and for hearing thereon within 30 days of notice of such decision.”
James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “103 (2018); Minn. Stat. § 517.02 (2018); Miss. Code Ann.”
Radtke v. Miscellaneous Drivers & Helpers Union Local 638 Health, Welfare, Eye & Dental Fund, 867 F. Supp. 2d 1023 (D. Minnesota 2012). · cites it 2× “” Minn.Stat. § 517.02. Both parties must not be married to anyone else.”
State of Minnesota v. Corey Gordon (Minn. Ct. App. 2016). · cites it 2× “”); Minn. Stat. § 517.02 (2012) (“Every person who has attained the full age of 18 years is capable in law of contracting marriage, if otherwise competent.”
Ramsey Cnty., Y. T. v. Guardian ad Litem, X. L., C. L., Ramsey Cnty., M. Q. Y. v. K. S. L., 853 N.W.2d 813 (Minn. Ct. App. 2014). · cites it 2× “See Minn.Stat. § 517.02 (2012) (allowing those under the age of 18 but at least 16 to marry only with the consent of their parents or guardian and court approval); Minn.”
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