Marriage in Pennsylvania generally requires two essential steps: obtaining a marriage license and participating in a formal ceremony (sometimes called “solemnization”). Additionally, there are important substantive restrictions and separate rules concerning common-law marriages entered into before January 1, 2005.
1. Ceremonial Marriage
- Marriage License
A valid license must be secured before the ceremony takes place. - Ceremony (Solemnization)
- Conducted by a judge, a recognized state official, or the clergy of a religious denomination; or
- Performed by the couple themselves, provided they complete the proper self-uniting paperwork required by the state.
- Substantive Restrictions
- Prohibited Relationships: Spouses cannot be lineal relatives or closely related by blood/marriage (e.g., parent-child, siblings, first cousins).
- Existing Marriage: Neither party can already be married to someone else.
- Opposite Sex Requirement (per state statute): At the time of these rules, Pennsylvania does not recognize same-sex marriage under certain older, previously enforced laws (Defense of Marriage Act).
- Capacity to Consent: Both individuals must not be under the influence of drugs or alcohol when applying for the license.
- Additional Rules Based on Age
- 18 or Older: Free to marry without additional consent.
- Ages 16–18: Requires parental permission or court approval.
- Under 16: A court must approve the marriage, using a “best interest of the child” standard.
2. Common-Law Marriage (Prior to January 1, 2005)
While no new common-law marriages can be formed after January 1, 2005, Pennsylvania continues to recognize such marriages if they were validly established before that date. To meet common-law marriage criteria, the couple:
- Agreed to Live Together as husband and wife (without a license or ceremony) prior to January 1, 2005.
- Shared a Household.
- Held Themselves Out to the community as husband and wife, demonstrating this with present-tense words of commitment (a mere promise to marry in the future is insufficient).
- Had the Mental Capacity to consent.
If the couple satisfied these elements before January 1, 2005, their common-law marriage is “grandfathered in” and is considered legally valid in Pennsylvania.
Divorce and Legal Assistance
Even with clearly established marriage requirements, ending a marriage—whether established ceremonially or under older common-law rules—can be complex. Divorce Lawyer R. Badet provides dedicated representation throughout the divorce process, including matters of property division, spousal support, child support, and custody. He has extensive experience in both Family Law and Criminal Law, offering comprehensive guidance to help clients pursue the best possible outcome.
- Website: www.lawyersfordivorces.net
- Consultation: Call for a free appointment
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