Marriage Requirements in Pennsylvania

In Pennsylvania, entering into a ceremonial marriage involves two primary steps: obtaining a marriage license and having a ceremony or solemnization.

Key Requirements:

  1. Marriage License:
    Couples must first obtain a valid marriage license to proceed with the marriage.
  2. Ceremony:
    • The marriage ceremony can be conducted by a judge, a state official, or a clergy member of a recognized religious organization.
    • Alternatively, couples can perform the ceremony themselves, provided they file the necessary paperwork with the state.
  3. Substantive Restrictions:
    • Relation: The couple cannot be closely related, either by blood or marriage. This includes lineal relatives such as parents, children, siblings, grandparents, uncles, or first cousins.
    • Marital Status: Neither party can already be married to someone else.
    • Same-Sex Marriage: Pennsylvania does not recognize same-sex marriages, as prohibited under the state’s Defense of Marriage Act and public policy.
    • Impairment: The parties cannot be under the influence of drugs or alcohol when applying for the license.

Additional Requirements:

  • Age of Consent:
    • Individuals 18 years or older can marry without restrictions.
    • Those aged 16-18 require parental consent or court approval.
    • For individuals under 16, court approval is mandatory, and the court must evaluate the child’s best interests.

Common-Law Marriage in Pennsylvania

Pennsylvania no longer allows the formation of new common-law marriages after January 1, 2005. However, those established prior to this date are still recognized as valid.

Common-Law Marriage Criteria (Before 2005):

  • Agreement: The couple must have agreed to live as husband and wife without a formal license or ceremony.
  • Cohabitation: The couple must have lived together.
  • Representation: The couple must present themselves publicly as husband and wife through words or conduct.
  • Mental Capacity: Both individuals must possess the requisite mental capacity.

Important Notes:

  • Common-law marriages contracted after January 1, 2005, are invalid.
  • Agreements to marry in the future, rather than in the present tense, do not satisfy the requirements for common-law marriage.

If you have questions about marriage laws or divorce proceedings, it is recommended to consult a qualified attorney.

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