Marriage Requirements in Pennsylvania

In Pennsylvania, a valid ceremonial marriage requires two key components: a marriage license and a ceremony.

1. Marriage License

  • A marriage license must be obtained to legally marry.

2. Ceremony or Solemnization

  • The ceremony can be conducted by a judge, state official, or clergy from a recognized religious organization.
  • Alternatively, the couple can self-solemnize their marriage by filing the appropriate paperwork with the state.

3. Substantive Restrictions for the Couple

  1. Prohibited Relationships:
    • The couple cannot be closely related by blood or marriage, including lineal relatives (e.g., parent, child, sibling, grandparent, or first cousins).
  2. No Existing Marriages:
    • Neither party can be legally married to someone else.
  3. Same-Sex Marriages:
    • Pennsylvania law does not recognize same-sex marriages under its statutory laws and public policy (Defense of Marriage Act).
  4. Sobriety Requirement:
    • Both parties must not be under the influence of drugs or alcohol when applying for the license.

Additional Requirements

  1. Age Requirements:
    • 18 and older: Consent is presumed, and no additional permissions are required.
    • 16-18 years old: Parental consent or court approval is necessary.
    • Under 16 years old: Marriage requires court approval, which is granted only if it serves the child’s best interests.

Common-Law Marriage in Pennsylvania

Common-law marriages are no longer recognized if established after January 1, 2005. However, pre-existing common-law marriages are still valid if the following conditions were met:

  1. Both parties agreed to live together as husband and wife without a license or ceremony.
  2. They lived together.
  3. They presented themselves publicly as a married couple.
  4. Both had the mental capacity to consent to marriage.

Important Notes:

  • Promises to marry in the future do not establish a valid common-law marriage; the agreement must have been in the present tense.
  • Marriages formed before January 1, 2005, are “grandfathered” and recognized as legal.

For further assistance with marriage requirements or legal matters, consult Divorce Lawyer R. Badet, a skilled family law attorney with extensive experience handling diverse legal needs.