In Pennsylvania, there are two essential components to a ceremonial marriage: (1) obtaining a marriage license, and (2) having a ceremony or solemnization.
- Marriage License: You must acquire a marriage license to begin the process.
- Ceremony:
- The ceremony must 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 appropriate paperwork to the state.
- Substantive Restrictions on the Bride and Groom:
- The couple must not be closely related by blood or marriage, such as parents, children, siblings, grandparents, uncles, or first cousins.
- Neither party can be married to someone else at the time of the marriage.
- The couple must be of different sexes. Pennsylvania does not recognize same-sex marriages, which are prohibited by the state’s public policy and statutory laws, including the Defense of Marriage Act.
- Both individuals must not be under the influence of alcohol or drugs when applying for the marriage license.
- Additional Requirements:
- Individuals 18 or older can give their own consent to marry.
- Those aged 16 to 18 need parental consent or court approval.
- If under 16, court approval is required, and the court will consider the best interests of the child.
In addition to ceremonial marriages, Pennsylvania previously allowed common-law marriages, but as of January 1, 2005, they are no longer recognized. However, common-law marriages established before this date are still valid and recognized.
Common-Law Marriage Requirements:
- Both parties must have agreed to live together as husband and wife before January 1, 2005, without a license or formal ceremony.
- They must have cohabited.
- The couple must have presented themselves as married, either through words in the present tense or through actions.
- Both individuals must have had the necessary mental capacity to marry.
It is important to note that no common-law marriage established after January 1, 2005, is valid in Pennsylvania. However, common-law marriages formed before that date are considered legitimate. To verify validity, it’s crucial to check the start date of the common-law marriage. Additionally, the phrase “words in the present tense” is important. A future promise to marry does not meet the requirement for common-law marriage.
If you need assistance with divorce or marriage-related legal issues in Pennsylvania, Divorce Lawyer R. Badet is a seasoned attorney who can guide you through every stage of the process. His expertise covers everything from simple and complex divorces to spousal support, child support, and child custody. He is dedicated to securing the best possible outcome for your situation. Visit his website for more information: www.lawyersfordivorces.net, or call for a free consultation.