In Pennsylvania, there are two basic requirements for a ceremonial marriage: (1) obtaining a marriage license and (2) having a ceremony or solemnization.
- License: You must obtain a marriage license.
- Ceremony:
- The ceremony must be officiated by a judge, a state official, or a clergy member from a recognized religious organization.
- Alternatively, the couple can perform the ceremony themselves if they file the proper paperwork with the state.
- Restrictions for the Bride and Groom:
- The couple cannot be closely related, meaning they cannot be direct ancestors or descendants (e.g., parent, child, sibling, grandparent, uncle, or first cousins).
- Both parties must not be married to someone else.
- The couple cannot be of the same sex, as Pennsylvania does not recognize same-sex marriage under its public policy and statutory laws (the Defense of Marriage Act). Same-sex marriages are prohibited.
- The couple must not be under the influence of drugs or alcohol when applying for the marriage license.
- Additional Requirements:
- If you’re 18 or older, you can consent to marriage.
- If you’re between 16 and 18, you need parental consent or court approval.
- If you’re under 16, court approval is required, with the court considering the child’s best interests.
In addition to ceremonial marriages, Pennsylvania previously recognized common-law marriages, but as of January 1, 2005, such marriages are no longer permitted. However, common-law marriages established before that date are still recognized.
Common-Law Marriage Requirements (before January 1, 2005):
- The couple must have agreed to live together as husband and wife without a formal license or ceremony.
- They must have cohabited.
- They must have presented themselves to others as husband and wife, either through present-tense words or actions.
- Both parties must have had the mental capacity to enter into the marriage.
Although no new common-law marriages are valid after January 1, 2005, those contracted before that date remain valid. It’s important to verify the date a common-law marriage began to determine if it’s legally recognized. Additionally, for a common-law marriage to be valid, the couple must have used present-tense language; a promise of future marriage is insufficient.
Divorce Lawyer R. Badet is an experienced attorney specializing in divorce cases, including both simple and complex divorces, spousal support, child support, and child custody. With years of legal expertise, he offers skilled representation and is committed to helping clients navigate the divorce process. For more information or to schedule a free consultation, visit www.lawyersfordivorces.net.