In Pennsylvania, both ceremonial marriages and common-law marriages have specific requirements. Here’s a breakdown of these requirements:
1. Ceremonial Marriage
A ceremonial marriage requires two main components: a marriage license and a ceremony.
Marriage License:
- You must obtain a marriage license from the local County Clerk’s office.
Marriage Ceremony (Solemnization):
- The marriage ceremony must be conducted by a recognized official. This includes:
- A judge
- A state official
- A clergy member from a recognized religious organization
Substantive Restrictions on Marriage:
- Blood or Marriage Relation:
- The parties must not be closely related by blood or marriage. Specifically, they cannot be:
- Lineal ancestors or descendants (e.g., parent-child, grandparent-grandchild, siblings, uncles, aunts, or first cousins).
- The parties must not be closely related by blood or marriage. Specifically, they cannot be:
- Marital Status:
- Both parties must not be currently married to someone else.
- Sexual Orientation:
- Pennsylvania does not recognize same-sex marriages, as it prohibits such unions under its public policy and statutory laws (specifically the Defense of Marriage Act).
- Intoxication:
- Both parties must not be under the influence of alcohol or drugs when applying for the marriage license.
Additional Requirements for Marriage in Pennsylvania:
- Age Requirements:
- If you are 18 years or older, you can give consent to enter into marriage.
- If you are between 16 to 18 years old, parental consent or court approval is required.
- If you are under 16 years old, court approval is mandatory, and the court will evaluate the best interest of the child before granting approval.
2. Common-Law Marriage (Prior to 2005)
- Common-law marriages were valid in Pennsylvania prior to January 1, 2005. After this date, common-law marriages are no longer recognized.
Requirements for Common-Law Marriage (before 2005):
- Mutual Agreement:
- The couple must have agreed to live together as husband and wife without a formal ceremony or marriage license.
- Cohabitation:
- The couple must have lived together as a married couple.
- Holding Out as Husband and Wife:
- The couple must have presented themselves as married by using words in the present tense or through their actions (e.g., calling each other husband and wife).
- Mental Capacity:
- Both parties must have had the mental capacity to enter into the marriage.
Important Notes about Common-Law Marriage:
- No common-law marriage can be contracted after January 1, 2005.
- Common-law marriages formed before this date are grandfathered in and are recognized as valid.
- A future promise to marry (i.e., saying “we will get married in the future”) does not meet the requirement of words in the present tense. The promise must have been made as if they were already married.
Divorce Lawyer R. Badet
If you are considering a divorce or have questions about marital requirements in Pennsylvania, Divorce Lawyer R. Badet is here to help. With extensive experience in both simple and complex divorces, spousal support, child support, and child custody, Divorce Lawyer R. Badet provides expert legal representation at every stage of the divorce process.
Visit www.lawyersfordivorces.net for more information and call for a free consultation. Divorce Lawyer R. Badet offers expert guidance to ensure the best possible outcome for your situation.
Common Search Terms for Divorce Lawyers:
- Divorce lawyers nearby
- Divorce and family law attorney
- Low income divorce lawyers near me
- International divorce lawyer near me
- Reasonable divorce lawyers
- Best-rated divorce lawyers near me
- Divorce lawyers for men near me
- Family law divorce lawyers
- Contested divorce lawyer
- Cheap divorce lawyers near me
- Child support attorney near me
- Family court lawyer near me
- Divorce mediation attorney