Marriage Requirements in Pennsylvania
Ceremonial Marriage
There are two main requirements to enter a ceremonial marriage in Pennsylvania:
- Marriage License
A valid marriage license must be obtained. - Ceremony or Solemnization
- The ceremony should be performed by a judge, a recognized state official, or a clergy member of a recognized religious group.
- In certain cases, the couple themselves can carry out the ceremony, provided they complete the required paperwork with the state.
Substantive Restrictions for the Couple
- Prohibited Degrees of Kinship
The spouses cannot be closely related by blood or marriage. For instance, lineal ancestors or descendants—parent, child, sibling, grandparent, uncle/aunt, or first cousins—may not marry each other. - No Existing Marital Ties
Neither spouse can be legally married to someone else at the time of the new marriage. - Opposite-Sex Requirement
Under Pennsylvania law and the Defense of Marriage Act, same-sex marriages are not recognized and are considered to violate public policy. - Impairment
Neither spouse can be under the influence of drugs or alcohol at the time they apply for the marriage license.
Additional Requirements
- Age 18 and Over
Individuals who are 18 or older can consent to marriage independently. - Age 16–18
Parental permission or court approval is necessary. - Under 16
Court approval is required, and the court will determine if the marriage is in the child’s best interest.
Common-Law Marriages in Pennsylvania
While Pennsylvania used to allow common-law marriages, any new common-law unions formed after January 1, 2005 are invalid. However, a common-law marriage created before that date still holds legal validity.
Common-Law Marriage Requirements
- The couple agreed to live as husband and wife (without a license or ceremony) before January 1, 2005.
- They have lived together.
- They represented themselves publicly as husband and wife, using present-tense declarations or behavior.
- They both had the mental capacity to form a marital relationship.
Note: A promise to marry in the future does not establish a common-law marriage. It must be an agreement in present-tense words or actions.
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