In the United States, the concept of “consummation” in marriage refers to the completion of the marital act (i.e., sexual intercourse) after the ceremony, which has historically been considered necessary to finalize or validate the marriage. While consummation was once a crucial legal factor in some jurisdictions, today it is generally not required for a marriage to be legally valid.
However, there are still a few states where the issue of consummation can play a role in cases of annulment. In some states, the failure to consummate the marriage (e.g., if one party refuses to have sexual relations or is physically incapable) can be grounds for annulment, but this is not the same as requiring consummation for the marriage to be valid in the first place.
Some states where annulment based on non-consummation may be considered include:
- California
- New York
- Texas
- Illinois
Even in these states, non-consummation does not invalidate the marriage unless there are other issues, such as fraud, coercion, or mental incapacity. Consummation is usually more relevant in cases of seeking an annulment rather than in establishing the validity of the marriage itself.
In modern legal systems, marriage is typically recognized as valid once a legal ceremony has occurred, regardless of whether consummation follows.