In Pennsylvania, there are two main requirements for a ceremonial marriage: (1) obtaining a marriage license and (2) having a ceremony or solemnization.
- Marriage License: You must obtain a marriage license to proceed with the marriage.
- Marriage Ceremony:
- The ceremony must be officiated by a judge, a state official, or a clergy member from a recognized religious group.
- Alternatively, the couple can perform the ceremony themselves if they file the necessary paperwork with the state.
- Restrictions for the Couple:
- The couple cannot be closely related by blood or marriage. This includes not being direct ancestors or descendants (e.g., parent, child, sibling, grandparent, uncle, or first cousins).
- Both individuals must not be married to someone else.
- The marriage cannot involve individuals of the same sex, as Pennsylvania does not recognize same-sex marriage due to its public policies and statutory laws.
- The couple must not be under the influence of alcohol or drugs when applying for the marriage license.
- Additional Requirements:
- Individuals aged 18 or older can give consent to marry.
- If aged 16 or 17, parental consent or court approval is required.
- If under 16, court approval is mandatory, and the court will consider the child’s best interest.
Additionally, Pennsylvania recognized common-law marriages before January 1, 2005. However, after this date, common-law marriages are no longer valid.
Common-Law Marriage Requirements (Pre-January 1, 2005):
- Both parties must have agreed to live together as husband and wife without a marriage license or ceremony before January 1, 2005.
- They must have cohabited together.
- The couple must have presented themselves as husband and wife through present-tense words or actions.
- Both individuals must have had the necessary mental capacity.
Important Notes:
- Common-law marriages created before January 1, 2005 are valid and recognized in Pennsylvania.
- For a common-law marriage to be valid, the couple must have used present-tense language, meaning future promises of marriage are not enough.
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