Getting married in Pennsylvania requires fulfilling specific legal requirements to ensure the marriage is valid. These include obtaining a marriage license, having a legal ceremony, and meeting certain eligibility criteria for the bride and groom.
1. Requirements for a Ceremonial Marriage
A ceremonial marriage in Pennsylvania requires two key components:
A. Marriage License
- Couples must obtain a marriage license from their local county clerk’s office before getting married.
- The license is valid for 60 days and must be used within that period.
B. Marriage Ceremony
The ceremony can be performed by:
- A judge, state official, or clergy member of a recognized religious organization.
- The couple themselves, if they file the appropriate paperwork for a self-uniting marriage license (common in Quaker and other religious traditions).
2. Substantive Restrictions on Marriage
In Pennsylvania, certain restrictions prevent some marriages from being legally valid:
✅ Close relatives cannot marry
- Marriage is prohibited between lineal relatives such as parent and child, grandparent and grandchild, or siblings.
- First cousins cannot marry in Pennsylvania.
✅ No existing marriage
- A person cannot be married to someone else at the time of the new marriage.
✅ No same-sex marriage prohibition
- Same-sex marriage is now legal in Pennsylvania following the 2014 ruling that struck down the state’s ban on same-sex marriage.
✅ No marriage under the influence
- The couple must not be intoxicated by drugs or alcohol when applying for a marriage license.
3. Additional Legal Requirements
Pennsylvania law imposes age-related requirements:
- 18 years and older: No additional consent required.
- 16-17 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 interest of the minor.
4. Common-Law Marriage in Pennsylvania
Pennsylvania no longer recognizes common-law marriage for unions formed after January 1, 2005. However, common-law marriages established before this date remain valid and legally recognized.
Requirements for a Valid Common-Law Marriage (Before 2005)
- The couple agreed to live as husband and wife without a marriage license or formal ceremony.
- They lived together as a married couple.
- They presented themselves to others as married (e.g., referring to each other as “husband” or “wife”).
- Both parties had the mental capacity to consent to the marriage.
🔹 Important Note:
- Future promises to marry were not enough to create a valid common-law marriage. The couple must have used words in the present tense confirming their marital status before 2005.
- If a common-law marriage was established before January 1, 2005, it is still fully recognized under Pennsylvania law.
Legal Help for Marriage, Divorce, and Family Law Matters
If you need legal guidance regarding marriage, prenuptial agreements, divorce, or family law issues, Attorney R. Badet is here to help. With years of experience handling divorce cases, child custody, and spousal support, he provides expert representation tailored to your needs.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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If you have questions about Pennsylvania marriage laws, common-law marriage, or divorce, contact Attorney R. Badet for expert legal advice.