In Pennsylvania, there are specific requirements to get married, which include both legal and procedural steps:
1. Marriage License:
- Obtaining a Marriage License: To marry in Pennsylvania, couples must obtain a marriage license from a county courthouse. Both parties must apply together, and there is a fee for the license.
- Validity of License: Once issued, the marriage license is valid immediately but expires within 60 days.
2. Marriage Ceremony (Solemnization):
- Performed by a Qualified Person: The ceremony must be performed by an individual who is authorized to conduct marriages in the state, such as a judge, state official, or clergy of a recognized religious organization.
- Self-Solemnization: In some cases, Pennsylvania law permits the couple to marry without an officiant if they file the proper paperwork with the state.
3. Substantive Restrictions on the Couple:
- Blood and Marital Relations: The couple cannot be too closely related (lineal descendants or ancestors, such as parent-child, siblings, grandparents, uncles, or first cousins).
- Existing Marriages: Neither person can be already married to someone else at the time of the marriage.
- Same-Sex Marriage: As of the time of writing, Pennsylvania does not recognize same-sex marriages. The state’s statutory laws and public policy prohibit same-sex marriage.
- Intoxication: Neither party can be under the influence of drugs or alcohol at the time of applying for the marriage license or during the ceremony.
4. Age and Consent Requirements:
- 18 or Older: Individuals 18 or older can consent to marry without parental or court approval.
- 16 to 18 Years Old: Individuals between 16 and 18 years old must have parental consent or court approval.
- Under 16: Those under 16 cannot marry without court approval. The court will review the situation to ensure the marriage is in the best interests of the minor.
5. Common-Law Marriage (For Marriages Before 2005):
- Pennsylvania no longer recognizes common-law marriages after January 1, 2005. However, marriages that were entered into prior to this date may still be considered valid.
- Requirements for Common-Law Marriage (before 2005):
- The couple must have agreed to live together as husband and wife.
- They must have lived together.
- They must have held themselves out as a married couple, either through words in the present tense or through conduct.
- Both parties must have had the mental capacity to enter into the marriage.
- A future promise (e.g., “we will marry in the future”) does not satisfy the requirement for common-law marriage. The words must be in the present tense.
6. Summary of Key Points:
- Marriage License: Required to marry.
- Ceremony: Must be officiated by a qualified individual or self-solemnized with proper paperwork.
- Legal Restrictions: Parties cannot be too closely related, already married, or under the influence of alcohol or drugs.
- Age Requirements: Consent or court approval is required for minors.
- Common-Law Marriage: Recognized only for marriages before 2005 under specific conditions.
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