To legally marry in Pennsylvania, there are two primary requirements: obtaining a marriage license and having a ceremony or solemnization.
Key Requirements:
- Marriage License: Couples must secure a valid marriage license.
- Ceremony:
- A judge, state official, or a clergy member from a recognized religious organization must perform the ceremony.
- Alternatively, the couple may perform the ceremony themselves, provided they file the appropriate paperwork with the state.
- Substantive Restrictions:
- Relationship Restrictions: The couple cannot be closely related by blood or marriage. For example, they cannot be direct ancestors or descendants (e.g., parent, child, sibling, grandparent, uncle, or first cousins).
- Marital Status: Neither party can already be married to someone else.
- Sexual Orientation: Pennsylvania does not recognize same-sex marriages. This prohibition is based on the state’s public policy and the Defense of Marriage Act.
- Substance Influence: Neither party may be under the influence of drugs or alcohol when applying for the license.
- Age Restrictions:
- Individuals aged 18 or older may consent to marriage.
- Those aged 16 to 18 require parental consent or court approval.
- Under 16, only court approval is allowed, and the court considers the child’s best interests.
Common-Law Marriage in Pennsylvania
While common-law marriages were recognized in Pennsylvania, they were abolished for unions formed after January 1, 2005. However, those established before this date are still valid under specific conditions.
Requirements for Common-Law Marriage:
- The couple must have mutually agreed to live together as husband and wife without a license or ceremony before January 1, 2005.
- They must have cohabitated.
- They must have presented themselves to others as a married couple, through present-tense words or actions.
- Both individuals must have had the mental capacity to consent.
It is crucial to verify the date of the marriage to determine if it qualifies under these grandfathered rules. Additionally, a mere promise to marry in the future (even before 2005) is insufficient to establish a common-law marriage; the agreement must be in the present tense.
Legal Assistance
Navigating Pennsylvania’s marriage and divorce laws can be complex. Seeking advice from a seasoned family law attorney ensures compliance with all legal requirements and safeguards your rights. If you need help with marriage, divorce, or related issues, Divorce Lawyer R. Badet offers expert guidance and representation. Visit his website or contact his office for personalized legal support.