Marriage Requirements in Pennsylvania

Ceremonial Marriage

In Pennsylvania, there are two main requirements for a ceremonial marriage:

  1. Marriage License
  2. Ceremony or Solemnization
  • Marriage License: A valid license is needed before the marriage ceremony.
  • Ceremony:
    • Typically performed by a judge, state official, or recognized religious clergy.
    • Alternatively, the couple themselves may officiate the ceremony, provided they file the required paperwork with the state.

Additional Substantive Restrictions

  1. Close Relations: The spouses must not be closely related by blood or marriage (no parent-child, siblings, grandparents, uncles/aunts, or first cousins).
  2. Existing Marriages: Neither spouse can be married to anyone else.
  3. Same-Sex Prohibition (Historical): Under Pennsylvania law, same-sex marriage was historically disallowed. (Note that federal law has since overridden state-level bans, but these statutes remain on the books in some places.)
  4. Influence of Substances: Both parties must not be under the influence of drugs or alcohol when applying for the license.

Minimum Age Requirements

  • 18 Years or Older: May consent to marriage without additional approvals.
  • 16 to 18: Must have either parental consent or court approval.
  • Under 16: Court approval is required, and the court will determine whether it’s in the minor’s best interest.

Common-Law Marriage in Pennsylvania

While Pennsylvania no longer permits new common-law marriages after January 1, 2005, those established before that date are still recognized if:

  1. The couple agreed to live together as spouses (without a license or ceremony) prior to January 1, 2005.
  2. They cohabited.
  3. They presented themselves to others as married, using words or actions in the present tense (indicating an immediate commitment, not a future promise).
  4. Both parties had the mental capacity to consent.

Any common-law union that began after January 1, 2005, is invalid. However, relationships fitting these criteria before that date are considered valid and “grandfathered in.”


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