If you’re planning to get married in Pennsylvania, it’s essential to understand the requirements and restrictions for a legal marriage. Here’s an overview of what you need to know:
1. Basic Requirements for a Ceremonial Marriage:
To legally marry in Pennsylvania, two key components are required:
(1) A Marriage License
You need to obtain a marriage license from a local County Clerk’s office. There’s no waiting period for the marriage license, but you should apply for it at least 72 hours before the ceremony.
(2) A Ceremony or Solemnization
The marriage ceremony can be performed by:
- A judge or state official.
- A clergy of a recognized religious organization.
- The parties themselves, if they file the necessary paperwork with the state.
2. Substantive Restrictions on the Bride and Groom:
- No Close Blood Relatives: The couple cannot be too closely related by blood or marriage. This includes parents, children, siblings, grandparents, uncles, aunts, or first cousins.
- No Existing Marriages: The individuals cannot be married to someone else. Both must be legally free to marry.
- Same-Sex Marriages: Historically, Pennsylvania did not recognize same-sex marriage. However, same-sex marriage was legalized nationwide in 2015 through the Obergefell v. Hodges Supreme Court decision. Pennsylvania now recognizes same-sex marriages.
- No Alcohol or Drugs: Both parties must not be under the influence of alcohol or drugs when applying for the marriage license.
3. Additional Requirements for Marriage:
- 18 or Older: If you’re 18 or older, you can give your consent to marry without any additional requirements.
- 16 to 18 Years Old: You must obtain parental consent or court approval to marry.
- Under 16 Years Old: Court approval is required, and the court will assess the marriage’s impact on the child’s well-being.
4. Common-Law Marriage in Pennsylvania:
Before January 1, 2005, Pennsylvania recognized common-law marriages, where couples who lived together and held themselves out as married were considered legally married even without a formal ceremony or marriage license. However, common-law marriages after 2005 are not recognized in Pennsylvania.
For common-law marriages that occurred before 2005, the following conditions must be met:
- Both parties agreed to live together as husband and wife.
- The couple lived together and held themselves out as married (by using present-tense language, not future promises).
- Both parties must have had the mental capacity to understand the commitment.
If you’re uncertain whether your common-law marriage is valid, consider consulting a lawyer, especially if the marriage began before 2005.
How a Divorce Lawyer Can Help
If you’re going through a divorce, understanding the legal complexities is critical, whether it’s due to a ceremonial marriage or common-law marriage. Divorce Lawyer R. Badet is an experienced family law attorney who can help you navigate the divorce process, including spousal support, property division, child custody, and child support matters.
R. Badet offers:
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Visit www.lawyersfordivorces.net for more information or to schedule a free consultation. He is an experienced attorney dedicated to securing the best outcome for his clients.
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If you need legal guidance through the divorce process in Pennsylvania, R. Badet is here to help you every step of the way.