To enter into a legal marriage in Pennsylvania, couples must meet specific requirements regarding licensing, ceremony, and legal capacity.
Basic Requirements for a Ceremonial Marriage
- Marriage License:
- A couple must obtain a marriage license before the marriage ceremony can take place.
- Marriage Ceremony:
- The ceremony must be performed by:
✔ A judge, state official, or a recognized clergy member, OR
✔ The couple themselves, if they file the necessary paperwork with the state (self-uniting marriage).
- The ceremony must be performed by:
- Substantive Restrictions on Marriage:
- The couple must meet legal requirements, including:
✔ Not closely related (e.g., parent-child, grandparent-grandchild, sibling, first cousin).
✔ Not already married to someone else.
✔ Not under the influence of drugs or alcohol at the time of obtaining the marriage license.
- The couple must meet legal requirements, including:
Age Requirements for Marriage in Pennsylvania
- 18 years or older – No parental consent required.
- 16-17 years old – Must have parental consent or court approval.
- Under 16 years old – Court approval is required, and the court will determine if the marriage is in the best interest of the minor.
Common-Law Marriage in Pennsylvania
Pennsylvania no longer recognizes new common-law marriages after January 1, 2005. However, common-law marriages that began before that date are still valid.
Requirements for a Valid Common-Law Marriage (Before 2005)
- The couple must have agreed to live together as husband and wife without a marriage license or ceremony.
- They must have cohabited as a couple.
- They must have held themselves out as married (e.g., referring to each other as spouses publicly).
- They must have had the mental capacity to enter into marriage.
Important Note:
- A future promise to marry (e.g., engagement) is not enough to establish a common-law marriage. The couple must have agreed to be married in the present tense before 2005.
Legal Guidance for Marriage and Divorce in Pennsylvania
If you need legal assistance with marriage laws, prenuptial agreements, or divorce, consulting with an experienced family law attorney is highly recommended.
📞 Call for a Free Consultation: 267-277-2641
🌐 Visit: www.lawyersfordivorces.net
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