In Pennsylvania, the requirements for a ceremonial marriage are clear and structured, ensuring that couples follow certain legal steps to formalize their union. Here’s a breakdown of the key requirements:
1. Marriage License
To get married in Pennsylvania, the couple must first obtain a marriage license from the local county courthouse. This license is essential to legally recognize the marriage.
2. Ceremony
Once the marriage license is obtained, the next step is to have a ceremony to solemnize the marriage. The ceremony can be conducted by:
- A judge
- A state official
- A clergy member from a recognized religious organization
Alternatively, in some cases, the parties may perform the ceremony themselves by filing the necessary paperwork with the state.
3. Substantive Restrictions on the Bride and Groom
Certain restrictions apply to the individuals wishing to marry:
- Relationship Restrictions: The couple cannot be closely related by blood or marriage. Specifically, the bride and groom cannot be:
- Lineal ancestors or descendants (parents, children, siblings, grandparents, uncles, first cousins)
- Marital Status: Both parties must not be currently married to someone else.
- Same-Sex Marriages: As of the information provided, Pennsylvania does not recognize same-sex marriages under its public policy and statutory laws. However, this has changed in the U.S. federally, as same-sex marriages are legally recognized nationwide due to the Obergefell v. Hodges ruling in 2015.
- Influence of Substances: Neither party can be under the influence of drugs or alcohol at the time of applying for the marriage license.
4. Additional Requirements for Age and Consent
- For individuals 18 or older, they can give consent to enter into a marriage.
- For individuals between the ages of 16 and 18, parental consent is required, or court approval.
- If one party is under 16, court approval is mandatory. The court will assess the best interests of the child before granting permission for marriage.
Common-Law Marriage in Pennsylvania
While ceremonial marriages are the norm, Pennsylvania also had provisions for common-law marriages prior to 2005. As of January 1, 2005, common-law marriages are no longer recognized in Pennsylvania. However, common-law marriages that were established before this date are still valid.
Requirements for Common-Law Marriage (Before 2005)
For a valid common-law marriage to have been contracted in Pennsylvania before 2005, the following criteria must have been met:
- Mutual Agreement: Both parties must have agreed to live together as husband and wife.
- Cohabitation: The couple must have lived together.
- Holding Themselves Out as Husband and Wife: The couple must have publicly presented themselves as a married couple, through actions or words in the present tense.
- Mental Capacity: Both parties must have had the mental capacity to enter into a marriage.
Important Note on Common-Law Marriage
For common-law marriages established before 2005, the “present tense” language is crucial. A future promise to marry or vague references to marriage are insufficient; both parties must have referred to each other as husband and wife in the present tense.
Contact Divorce Lawyer R. Badet for Legal Support
If you are considering a divorce in Pennsylvania or need guidance on the legal aspects of your marriage, Divorce Lawyer R. Badet is an experienced attorney who can assist you. He specializes in divorces, spousal support, child custody, and property division matters.
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If you’re facing any marriage-related legal issues, whether it’s a divorce, custody dispute, or marriage qualification concerns, Divorce Lawyer R. Badet can provide the support and expertise you need to navigate your case.