To get married in Pennsylvania, there are two key requirements for a ceremonial marriage: (1) a marriage license, and (2) a ceremony or solemnization.
- Marriage License: You need to obtain a marriage license.
- Marriage Ceremony: The ceremony can 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, provided they submit the necessary paperwork to the state.
- Substantive Restrictions on the Parties:
- Close Relatives: The bride and groom cannot be closely related, either by blood or marriage. They cannot be lineal ancestors or descendants (e.g., parents, children, siblings, grandparents, uncles, or first cousins).
- Existing Marriages: Neither party can already be married to someone else.
- Same-Sex Marriage: Pennsylvania does not recognize same-sex marriages. The state’s laws and public policy prohibit same-sex marriages.
- Intoxication: Both parties must not be under the influence of drugs or alcohol when applying for the marriage license.
- Additional Requirements:
- If you are 18 or older, you can consent to marry.
- If you are between 16 and 18, you need parental consent or court approval.
- If you are under 16, court approval is required, and the court will consider the child’s best interests.
In addition to ceremonial marriage, Pennsylvania once allowed common-law marriage. However, as of January 1, 2005, common-law marriages are no longer recognized. Nevertheless, if a common-law marriage was established before that date, it remains valid.
Common-Law Marriage Requirements (Before January 1, 2005):
- The couple must have agreed to live together as husband and wife without a license or ceremony before January 1, 2005.
- The couple must have cohabited.
- The couple must have presented themselves as husband and wife, either through words or actions.
- Both parties must have had the mental capacity to enter into the marriage.
Common-law marriages formed before January 1, 2005 are still recognized. However, to validate such a marriage, it’s important to verify the exact start date and ensure that all requirements were met, including the use of present-tense words to express the intent to marry. Future promises to marry, even if living together, do not suffice.
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