In Pennsylvania, there are two fundamental requirements for a ceremonial marriage: obtaining a marriage license and performing a ceremony.
1. Marriage License:
- You must obtain a marriage license from the county where you plan to marry. This license is necessary before proceeding with the ceremony.
2. Ceremony (Solemnization):
- The ceremony must be performed by an authorized individual, such as a judge, state official, or clergy from a recognized religious organization.
- Alternatively, the parties themselves can perform the ceremony, provided they file the proper paperwork with the state.
3. Substantive Restrictions on the Bride and Groom:
- Blood or Marital Relationship: The bride and groom cannot be too closely related by blood or marriage (e.g., parents, children, siblings, grandparents, uncles, or first cousins).
- Existing Marriages: Both parties must not be married to someone else.
- Same-Sex Marriage: Pennsylvania does not recognize same-sex marriage. Same-sex marriages are prohibited under the Defense of Marriage Act and Pennsylvania’s public policy.
- Under the Influence: Neither party can be under the influence of alcohol or drugs when applying for a marriage license.
4. Additional Requirements:
- 18 or Older: If you are 18 or older, you can legally consent to marriage.
- 16-17 Years Old: You must have parental consent or court approval to marry.
- Under 16: You need court approval to marry, and the court will assess the best interest of the child before granting permission.
Common-Law Marriage in Pennsylvania:
Although common-law marriages were recognized in Pennsylvania, they were abolished after January 1, 2005. However, common-law marriages established before that date remain valid. To be recognized, the following criteria must have been met:
- Agreement to Marry: The couple must have agreed to live together as husband and wife without a formal ceremony and marriage license.
- Cohabitation: The couple must have lived together as a married couple.
- Holding Themselves Out as Married: The couple must have publicly represented themselves as married, either through present-tense words or conduct.
- Mental Capacity: The parties must have had the requisite mental capacity to understand and agree to the marriage.
Important Note: No common-law marriages contracted after January 1, 2005 are valid in Pennsylvania. However, those created before that date are considered valid. The critical aspect is that the couple must have used words in the present tense—future promises to marry are not sufficient.
Consulting a Divorce Lawyer:
If you are considering divorce or need clarification about marriage validity in Pennsylvania, it’s essential to consult an experienced divorce lawyer. Divorce Lawyer R. Badet specializes in handling various aspects of family law, including divorce, spousal support, child support, and custody matters. His legal expertise will help you navigate the complexities of marriage, divorce, and family law.
For more information and a free consultation, visit www.lawyersfordivorces.net or contact Divorce Lawyer R. Badet for expert guidance.
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