In Pennsylvania, two main requirements are necessary for a ceremonial marriage: (1) obtaining a marriage license, and (2) holding a ceremony or solemnization.
- License: You must obtain a marriage license.
- Ceremony:
The ceremony must be performed by one of the following:- A judge, a state official, or clergy from a recognized religious organization, or
- The couple may conduct the ceremony themselves, provided they file the appropriate paperwork with the state.
- Substantive Restrictions on the Couple:
- The couple must not be too closely related. They cannot be blood relatives or married to one another in a direct line (such as parent, child, sibling, grandparent, uncle, or first cousins).
- Neither party can be married to someone else.
- The couple must be of opposite sexes. Pennsylvania does not recognize same-sex marriage, as it is prohibited under the state’s public policy and the Defense of Marriage Act.
- Neither party can be under the influence of alcohol or drugs when applying for the marriage license.
- Additional Requirements:
- If both individuals are 18 or older, they can legally consent to marry.
- For those aged 16 to 18, parental consent or court approval is required.
- Anyone under 16 must receive court approval, with the court considering the best interests of the child in the decision.
In addition to ceremonial marriages, Pennsylvania previously recognized common-law marriages. However, as of January 1, 2005, common-law marriages are no longer allowed in the state. Nevertheless, common-law marriages entered into before this date remain valid.
Common-Law Marriage Requirements (For Marriages Prior to January 1, 2005):
- Both parties must have agreed to live together as husband and wife without a license or ceremony before January 1, 2005.
- They must have lived together.
- They must have presented themselves as a married couple, either through conduct or present-tense words.
- Both parties must have had the necessary mental capacity to marry.
Common-law marriages formed before January 1, 2005, are considered valid and recognized. It’s important to verify the start date of a common-law marriage to determine if it qualifies. Additionally, the requirement for “present-tense words” means that a promise made to marry in the future does not meet the legal standard. The declaration must reflect a present commitment.
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