In Pennsylvania, there are clear legal guidelines for getting married. Whether you’re planning a ceremonial marriage or dealing with a common-law marriage scenario, understanding the requirements is key.
Ceremonial Marriage Requirements
To have a ceremonial marriage in Pennsylvania, two basic requirements must be met:
- Marriage License
- Ceremony or Solemnization
1. Marriage License
To marry in Pennsylvania, you must first obtain a marriage license from a county courthouse. Both parties must apply for the license together in person. A license is valid immediately upon issuance but only for 60 days.
2. The Ceremony
The ceremony itself can be performed in one of the following ways:
- By a judge, state official, or clergy from a recognized religious organization.
- By the parties themselves, provided they submit the proper paperwork to the state.
Substantive Restrictions for Marriage in Pennsylvania
1. Prohibited Relationships
The bride and groom cannot be closely related by blood or marriage. Specifically, the following relationships are prohibited:
- Lineal ancestors or descendants (parent-child, grandparent-grandchild)
- Siblings (full and half)
- Uncles, aunts, and first cousins
2. Existing Marriages
Both parties must be legally free to marry. This means neither party can be married to someone else at the time of filing for a marriage license.
3. Age and Consent
- 18 or older: Consent to marry without any additional approvals.
- 16 to 18 years old: Must have parental consent or court approval.
- Under 16: Requires court approval, with the court considering the best interests of the child before granting permission.
4. Alcohol or Drug Use
The bride and groom cannot be under the influence of drugs or alcohol when applying for the marriage license.
5. Same-Sex Marriage
As of 2005, Pennsylvania does not recognize same-sex marriage, and it remains prohibited under the state’s Defense of Marriage Act. Same-sex marriage was not legal in Pennsylvania before 2005, and it continues to be against public policy.
Common-Law Marriage in Pennsylvania
Before January 1, 2005, common-law marriages were valid in Pennsylvania, but this type of marriage is no longer allowed as of that date. However, if a common-law marriage was formed before January 1, 2005, it is still legally recognized.
Requirements for Common-Law Marriage (Pre-2005)
For a valid common-law marriage in Pennsylvania, the following criteria must be met:
- Mutual Agreement: The parties must have agreed to live together as husband and wife without a formal marriage license or ceremony.
- Cohabitation: The parties must have lived together.
- Holding Out as Married: They must have presented themselves as a married couple, through words in the present tense or actions (such as introducing each other as husband and wife).
- Mental Capacity: Both parties must have had the mental capacity to enter into the marriage.
Grandfathering of Common-Law Marriages
- Common-law marriages contracted before January 1, 2005, are still valid, even if they were not formalized by a marriage license or ceremony.
- Future Promises: A promise to marry in the future does not qualify as a common-law marriage. The agreement must be present tense, indicating the couple’s intention to be married immediately, not just at some future point.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is an experienced attorney dedicated to helping individuals at every stage of the divorce process. His practice covers a wide range of family law matters, including divorce, spousal support, child support, and child custody. If you are considering marriage, divorce, or any other family law issue in Pennsylvania, R. Badet is committed to providing effective legal representation.
For more information and to schedule a free consultation, visit www.lawyersfordivorces.net.
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Important Reminder: Whether you’re planning to marry or seeking a divorce, understanding your legal rights and responsibilities is essential. A skilled lawyer can help you navigate complex family law matters and protect your interests throughout the process.