Marriage Requirements in Pennsylvania

To legally marry in Pennsylvania, there are two main requirements: (1) obtaining a marriage license and (2) conducting a ceremony or solemnization.

  1. Marriage License: You must first obtain a marriage license.
  2. Ceremony:
    • The ceremony must be conducted by a judge, state official, or a clergy member from a recognized religious group.
    • Alternatively, the couple can perform the ceremony themselves, provided they file the correct paperwork with the state.
  3. Substantive Restrictions on the Couple:
    • The couple cannot be closely related by blood or marriage. Specifically, they cannot be lineal relatives such as parents, children, siblings, grandparents, uncles, or first cousins.
    • Both individuals must not be married to someone else.
    • Same-sex marriages are not recognized under Pennsylvania law, as they are against the state’s public policy and statutory laws, including the Defense of Marriage Act.
    • Both individuals must not be under the influence of drugs or alcohol when applying for the marriage license.
  4. Additional Requirements:
    • If you are 18 or older, you can consent to marriage without restrictions.
    • If you are between 16 and 18, parental consent or court approval is required.
    • If under 16, court approval is necessary, and the court will assess what is in the child’s best interests.

In Pennsylvania, common-law marriage was once recognized, but after January 1, 2005, no new common-law marriages are allowed. However, common-law marriages established before that date are still valid.

Common-Law Marriage Requirements:

  1. The couple must have agreed to live together as husband and wife without a marriage license or ceremony before January 1, 2005.
  2. They must have cohabited.
  3. They must have presented themselves as husband and wife through words or conduct.
  4. Both individuals must have had the mental capacity to marry.

It’s important to note that for common-law marriages established before January 1, 2005, the agreement must involve “words in the present tense.” A promise made for the future doesn’t meet the requirement.

Note: No common-law marriages contracted after January 1, 2005, are valid, but those established before that date will continue to be recognized. Be sure to confirm the start date of any common-law marriage to verify its validity.