In Pennsylvania, there are clear requirements for both ceremonial marriage and common-law marriage (though common-law marriage only applies to marriages established before January 1, 2005).
1. Ceremonial Marriage Requirements:
To enter into a ceremonial marriage in Pennsylvania, two essential elements must be met:
- Marriage License: A marriage license must be obtained from a county courthouse.
- Marriage Ceremony: The ceremony can be performed by:
- A judge, state official, or clergy of a recognized religious organization, or
- The couple can perform the ceremony themselves, provided they file the proper paperwork with the state.
2. Substantive Restrictions:
Certain restrictions apply to the bride and groom:
- No Close Relatives: The couple cannot be closely related by blood or marriage. For example:
- No lineal ancestors or descendants: Parents, children, siblings, grandparents, uncles, aunts, or first cousins cannot marry.
- No Existing Marriage: Neither party can be currently married to someone else.
- Same-Sex Marriages Not Recognized: Pennsylvania does not recognize same-sex marriages. Same-sex marriages are prohibited by state law under the Defense of Marriage Act.
- No Intoxication: Both parties must not be under the influence of drugs or alcohol when seeking the marriage license.
3. Additional Requirements:
- Age:
- If you’re 18 or older, you can give consent to marry.
- If you’re 16 to 18, you need either parental consent or court approval.
- If you’re under 16, you need court approval, and the court will assess the best interest of the child.
4. Common-Law Marriage in Pennsylvania:
Though common-law marriages are no longer allowed in Pennsylvania after January 1, 2005, marriages that occurred before this date are still recognized as valid. For a common-law marriage to be valid, the following conditions must have been met:
- Mutual Agreement: Both parties must have agreed to live together as husband and wife without a formal ceremony or marriage license.
- Cohabitation: The couple must have lived together.
- Holding Out as Husband and Wife: The couple must have presented themselves as married to the public by using present tense language (e.g., “We are married”) or conduct.
- Mental Capacity: Both individuals must have had the requisite mental capacity to understand and consent to the marriage.
Note: Common-law marriages contracted after January 1, 2005, are no longer valid in Pennsylvania.
5. Legal Help and Guidance
If you’re considering a marriage or divorce in Pennsylvania, consulting a knowledgeable divorce lawyer is important for understanding your rights, obligations, and any potential legal complications that may arise.
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