Marriage Requirements in Pennsylvania

In Pennsylvania, there are two basic requirements for a ceremonial marriage:

  1. Marriage License:
    • A couple must obtain a marriage license before marrying in Pennsylvania. This license can be obtained from any County Clerk’s office within the state.
  2. Ceremony:
    • The marriage ceremony must be performed by an authorized individual, such as a judge, a state official, or a clergy member of a recognized religious organization.
    • Alternatively, the couple can perform the ceremony themselves if they file the proper paperwork with the state.

Substantive Restrictions on Marriage:

  1. Prohibited Relationships:
    • The bride and groom cannot be closely related by blood or marriage. Specifically, they cannot be:
      • Lineal ancestors or descendants (parent, child, sibling, grandparent, uncle, first cousins).
  2. Marital Status:
    • Neither party can already be married to someone else.
  3. Same-Sex Marriage:
    • As of the latest laws, same-sex marriages are not recognized in Pennsylvania. This prohibition stems from the state’s Defense of Marriage Act.
  4. Intoxication:
    • Both parties must not be under the influence of drugs or alcohol when seeking the marriage license.

Additional Requirements:

  1. Age:
    • If you are 18 or older, you can legally consent to enter into marriage.
    • 16 to 18-year-olds must have parental consent or court approval to marry.
    • Individuals under 16 require court approval; in this case, the court will review the best interests of the child.

Common-Law Marriage in Pennsylvania:

  • Prior to January 1, 2005, Pennsylvania allowed common-law marriages. However, after this date, common-law marriages are no longer valid.
  • For common-law marriage to be valid, certain conditions had to be met before 2005, such as:
    1. The couple had to agree to live together as husband and wife (without a formal ceremony or license) before January 1, 2005.
    2. They had to live together.
    3. They had to hold themselves out as husband and wife (using present-tense language or conduct).
    4. Both individuals had to have the mental capacity to understand the commitment.

If the common-law marriage was established before 2005, it is still valid and recognized in Pennsylvania. However, if you entered a common-law marriage after January 1, 2005, it is not recognized.

Common-Law Marriage Key Considerations:

  • The date the common-law marriage began is crucial to its validity.
  • The requirement for present-tense language is significant. A future promise to marry before 2005, even if the couple is living together, will not qualify as a valid common-law marriage.

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