In Pennsylvania, there are two fundamental requirements for a ceremonial marriage: (1) a marriage license, and (2) a ceremony or solemnization.
- Marriage License: A marriage license must be obtained to legally marry.
- Ceremony:
- The ceremony must be performed by a judge, a state official, or clergy from a recognized religious group.
- Alternatively, the couple may perform the ceremony themselves if they file the proper paperwork with the state.
- Substantive Restrictions:
- The couple cannot be closely related by blood or marriage, meaning they cannot be lineal ancestors or descendants (e.g., parents, children, siblings, grandparents, uncles, or first cousins).
- Both parties must not be married to someone else.
- The couple must be of opposite sexes, as Pennsylvania does not recognize same-sex marriages, in accordance with state laws and the Defense of Marriage Act.
- Neither party can be under the influence of drugs or alcohol when applying for the marriage license.
- Additional Requirements:
- Individuals 18 or older can consent to marry without additional approvals.
- Those aged 16 to 18 need either parental consent or court approval to marry.
- Individuals under 16 require court approval, with the court considering the best interests of the minor.
In addition to ceremonial marriages, Pennsylvania previously recognized common-law marriages, but as of January 1, 2005, they are no longer allowed. However, common-law marriages that were established before this date remain valid.
Common-Law Marriage Requirements:
- 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 lived together.
- The couple must have presented themselves as married through words in the present tense or conduct.
- The couple must have had the necessary mental capacity to marry.
Common-law marriages created before January 1, 2005, are still recognized in Pennsylvania, but those formed after this date are not valid. It’s important to verify the date the common-law marriage began, as only those created before 2005 are legally valid. Additionally, for the common-law marriage to be valid, the parties must have expressed their intent in the present tense; future promises do not suffice.
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