In Pennsylvania, there are two basic requirements for a ceremonial marriage:
- Marriage License:
You must obtain a marriage license to legally marry in Pennsylvania. This can be done by applying at a county court office. - Ceremony (Solemnization):
The marriage must be solemnized by an individual authorized to perform ceremonies. This includes:- A judge
- A state official
- A clergy member of a recognized religious organization
Alternatively, the couple may perform the ceremony themselves, provided they file the necessary paperwork with the state.
Substantive Restrictions on Marriage
In Pennsylvania, certain restrictions apply to who can marry:
- Close Relatives:
The bride and groom cannot be closely related by blood or marriage, including:- Lineal ancestors or descendants (e.g., parent, child, sibling, grandparent, uncle, or first cousins).
- Existing Marriage:
Both individuals must not already be married to someone else. - Same-Sex Marriage:
Pennsylvania does not recognize same-sex marriage. Under state law (the Defense of Marriage Act), same-sex marriage is prohibited and against public policy. - Intoxication:
Neither party can be under the influence of drugs or alcohol when applying for the marriage license.
Additional Marriage Requirements
- Age Requirements:
- If you’re 18 or older, you can legally consent to marry.
- If you’re between 16 and 18 years old, you need parental consent or court approval.
- If you’re under 16, court approval is required. The court will consider the best interests of the child when deciding.
Common-Law Marriage in Pennsylvania
Common-law marriage was once allowed in Pennsylvania but has been prohibited since January 1, 2005. However, common-law marriages entered into before this date are still recognized. Here’s what was required for a valid common-law marriage prior to 2005:
- Mutual Agreement:
Both parties must have agreed to live together as husband and wife without a marriage license or formal ceremony. - Cohabitation:
The couple must have lived together. - Holding Themselves Out as Married:
The couple must have represented themselves as married to others through words in the present tense or conduct (e.g., referring to each other as husband and wife). - Mental Capacity:
Both parties must have had the mental capacity to consent to the marriage.
For a common-law marriage to be valid, it must meet all the above criteria, and the agreement to marry must have been made using present tense language. A future promise to marry does not qualify.
Key Considerations
- If the common-law marriage was contracted before January 1, 2005, it is still considered valid.
- Common-law marriages established after this date are not recognized.
Divorce Lawyer R. Badet
If you are facing a divorce or need legal assistance with family law matters in Pennsylvania, Divorce Lawyer R. Badet can help. He offers expertise in handling both simple and complex divorces, child custody, child support, spousal support, and other family law matters.
Visit his website at www.lawyersfordivorces.net or call for a free consultation.
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