Marriage Requirements in Pennsylvania
Ceremonial Marriage Basics
To have a valid ceremonial marriage in Pennsylvania, couples generally need two things:
- A Marriage License
- A Ceremony or Solemnization
1. Marriage License
Any couple intending to marry must obtain a valid marriage license.
2. Ceremony or Solemnization
- A ceremony may be performed by a judge, certain state officials, or a recognized clergy member.
- In some instances, the couple themselves can perform the marriage ceremony if they file the proper paperwork with the state.
Substantive Restrictions for the Couple
- No Close Relation
Individuals cannot marry if they are too closely related by blood or marriage (lineal ancestors, descendants, siblings, aunts/uncles, or first cousins). - No Existing Marriage
A person cannot marry someone else if they are still legally married to a different spouse. - Opposite Sex Requirement
Under Pennsylvania law (as shaped by the Defense of Marriage Act), marriage is restricted to opposite-sex couples. Same-sex marriages are not recognized in Pennsylvania and are considered against the state’s public policy and statutes. - No Impairment
Both parties must not be under the influence of drugs or alcohol at the time the license is sought.
Additional Requirements
- Age 18+
Individuals 18 or older can consent to marriage on their own. - Age 16-18
Parental permission or court approval is required. - Under 16
Court approval is mandatory, and the court must consider what is in the minor’s best interest.
Common-Law Marriage in Pennsylvania
Although Pennsylvania no longer permits the formation of new common-law marriages after January 1, 2005, any common-law marriage established prior to that date remains valid. For such a marriage to be recognized, the couple must have:
- Agreed to live together as husband and wife before January 1, 2005—without a license or formal ceremony.
- Shared a residence.
- Held themselves out publicly as spouses, through present-tense words or behaviors.
- Had the mental capacity necessary to enter into a marriage-like relationship.
Important: A mere future promise to marry is insufficient; there must be a clear, present-tense agreement. Make sure to confirm the exact date when the relationship began, since only pre-2005 common-law unions are valid.
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Divorce Lawyer R. Badet is committed to guiding clients through all aspects of divorce, from straightforward matters to complex issues involving spousal support, child support, and custody. His depth of experience enables him to work toward the best possible results for every client. To learn more about your rights and legal options, visit www.lawyersfordivorces.net or call for a free consultation. He is widely respected in both Family Law and Criminal Law, drawing on many years of practice to represent clients effectively.
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