Under Pennsylvania law, there are two primary steps to establish a valid ceremonial marriage:
- Obtaining a Marriage License
- Holding a Ceremony or Solemnization
1. Marriage License
A valid license must be issued before the marriage can take place.
2. Ceremony or Solemnization
- Performed by a judge, public official, or a recognized clergy member, OR
- Conducted by the couple themselves, provided they complete the required paperwork.
3. Substantive Restrictions
Several conditions must be met for the marriage to be legally recognized:
- No Close Blood or Marital Relationship
- Individuals cannot be lineal ancestors or descendants of each other (e.g., parent, child, sibling, grandparent, or first cousins).
- No Existing Marriage
- Neither individual may still be lawfully married to another person.
- No Same-Sex Unions
- Under Pennsylvania’s Defense of Marriage Act, same-sex marriages are not permitted (by state statute and public policy).
- No Influence of Intoxicants
- Both parties must be sober when applying for the marriage license.
Additional Requirements
- Age 18 or Older
- Individuals can marry without parental consent.
- Ages 16 to 18
- Must obtain parental permission or a court order.
- Under Age 16
- Requires court approval, with the court assessing the child’s best interests.
Common-Law Marriage in Pennsylvania
Beyond ceremonial marriage, Pennsylvania historically allowed common-law marriages. However, any common-law union claimed after January 1, 2005 is invalid. Pre-2005 common-law marriages are still recognized if they meet the following criteria:
- The partners agreed to live as spouses without a license or ceremony before January 1, 2005.
- They cohabited.
- They presented themselves publicly as husband and wife, using present-tense language or conduct (e.g., “We are married,” rather than “We will marry”).
- Both partners had the mental capacity to form such an agreement.
Common-law unions initiated after January 1, 2005, are not legally valid. Additionally, a promise to marry in the future, even if made before 2005, does not suffice; the language must indicate a present, mutual intent to be spouses.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides legal counsel throughout the divorce process—from straightforward to more complex divorces—and also handles spousal support, child support, and custody matters. His in-depth experience covers both Family Law and Criminal Law, equipping him to pursue the most favorable outcomes. To learn more about your legal options, visit www.lawyersfordivorces.net or call for a free consultation.
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