In Pennsylvania, getting married involves meeting certain legal requirements. There are two primary aspects to a ceremonial marriage: obtaining a marriage license and having a ceremony or solemnization.
1. Marriage License
To get married in Pennsylvania, couples need to apply for a marriage license. This license is available from the county court where the application is filed.
2. Ceremony/Solemnization
The marriage ceremony can be performed by:
- A judge,
- A state official, or
- A clergy member from a recognized religious organization.
Alternatively, the couple may conduct the ceremony themselves if they submit the appropriate paperwork with the state.
3. Substantive Restrictions on Marriage
There are several restrictions regarding who can marry in Pennsylvania:
- No Close Relatives: The couple cannot be too closely related, either by blood or marriage. Specifically, you cannot marry your parents, children, siblings, grandparents, uncles, or first cousins.
- No Existing Marriage: Neither party can be married to someone else at the time of the marriage.
- No Same-Sex Marriages: Pennsylvania does not recognize same-sex marriages as of the current laws (though this has changed federally, the state’s laws are more restrictive under its public policy and statutes).
- Sobriety Requirement: Neither party can be under the influence of drugs or alcohol when applying for a marriage license.
4. Age and Consent Requirements
- 18 or Older: A person can consent to marriage on their own.
- 16-17 Years Old: Parental consent or court approval is required.
- Under 16: Court approval is mandatory, and the court will consider the best interests of the child.
Common-Law Marriage in Pennsylvania
Although common-law marriages were allowed in Pennsylvania prior to January 1, 2005, they are no longer valid for marriages contracted after that date. However, if a common-law marriage was established before January 1, 2005, it is still recognized as a valid marriage.
Requirements for Common-Law Marriage Before 2005:
- The parties must have agreed to live together as husband and wife without a marriage license or ceremony.
- They must have lived together.
- The couple must have presented themselves as husband and wife by using present tense words or conduct.
- The couple must have had the requisite mental capacity to marry.
Important Considerations:
- Words in the Present Tense: To establish a valid common-law marriage, it is important that the couple expressed their intention to be married using present tense statements. Promises made in the future tense are not sufficient.
- Grandfathering Common-Law Marriages: If a common-law marriage was created before 2005, it is still considered valid, but only if it meets all the required criteria.
If you are facing a divorce or need assistance with marriage-related legal matters in Pennsylvania, consulting an experienced family law attorney is important to understand your rights and obligations. Divorce Lawyer R. Badet specializes in divorce, child custody, spousal support, and property division.
For further guidance, visit www.lawyersfordivorces.net or call for a free consultation with Divorce Lawyer R. Badet to discuss your legal options.
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