Marriage Requirements in Pennsylvania

In Pennsylvania, couples must meet specific legal requirements to enter into a valid marriage. The state recognizes ceremonial marriages and, under certain conditions, common-law marriages (if established before January 1, 2005).

Basic Requirements for a Legal Marriage in Pennsylvania

A valid ceremonial marriage in Pennsylvania requires:

Marriage License:
- A couple must obtain a marriage license before the ceremony.
Marriage Ceremony or Solemnization:
- The ceremony must be performed by:
  - A judge, state official, or a clergy member of a recognized religious organization.
  - The couple themselves if they file the proper paperwork with the state for a self-uniting marriage.

Legal Restrictions on Marriage

Pennsylvania law prohibits marriage under the following circumstances:

Close Family Relations
- Marriage is not allowed between lineal relatives or close family members, including:
  - Parents & children
  - Siblings
  - Grandparents & grandchildren
  - Uncles, aunts, or first cousins
Already Married Individuals
- A person cannot marry someone else while still legally married to another person.
Same-Sex Marriages (Outdated)
- Note: The information stating that Pennsylvania does not recognize same-sex marriages is outdated. Same-sex marriage has been legal in Pennsylvania since 2014 following a federal court ruling.
Under the Influence of Drugs or Alcohol
- Both parties must be mentally competent and sober at the time they apply for a marriage license.

Age Requirements for Marriage in Pennsylvania

18 or Older:
- No additional requirements; the person may freely consent to marriage.
16 to 18 Years Old:
- Requires parental consent or court approval.
Under 16 Years Old:
- Requires court approval, with the court determining if the marriage is in the best interests of the minor.

Common-Law Marriage in Pennsylvania

Pennsylvania no longer allows common-law marriages. However, common-law marriages that were established before January 1, 2005, are still recognized.

Requirements for a Valid Common-Law Marriage (Before 2005)

Mutual Agreement to Be Married
- The couple must have agreed to be husband and wife without a formal ceremony or marriage license.
Cohabitation
- The couple must have lived together as spouses.
Public Representation
- They must have held themselves out as a married couple by words or actions (e.g., introducing each other as “husband” or “wife”).
Mental Capacity
- Both individuals must have been mentally competent when agreeing to the common-law marriage.

⚠ Important Note:

A promise to marry in the future (rather than a present-tense agreement) does not establish a common-law marriage.
Common-law marriages contracted after January 1, 2005, are not valid in Pennsylvania.

Why Legal Assistance Matters

Marriage is a legal contract, and failing to meet Pennsylvania’s legal requirements can lead to complications. If you have questions about marriage validity, common-law marriage recognition, or need assistance with marriage-related legal issues, consulting a family law attorney is crucial.

Experienced Philadelphia Divorce & Family Law Attorney

Attorney R. Badet specializes in marriage laws, divorce, child custody, and family law matters. If you need legal guidance regarding marriage, prenuptial agreements, or divorce, he provides affordable legal representation.

For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641 today.