Ceremonial Marriage
In Pennsylvania, there are two main requirements for a ceremonial marriage:
- Marriage License
- 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
- Close Relations: The spouses must not be closely related by blood or marriage (no parent-child, siblings, grandparents, uncles/aunts, or first cousins).
- Existing Marriages: Neither spouse can be married to anyone else.
- 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.)
- 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:
- The couple agreed to live together as spouses (without a license or ceremony) prior to January 1, 2005.
- They cohabited.
- They presented themselves to others as married, using words or actions in the present tense (indicating an immediate commitment, not a future promise).
- 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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