To get married in Pennsylvania, there are some basic requirements that must be met. These include obtaining a marriage license, having a ceremony or solemnization, and adhering to certain substantive restrictions. Here’s a breakdown of the key requirements:
1. Marriage License
- Marriage License: To get married in Pennsylvania, you must first apply for a marriage license. The marriage license is issued by the county where you apply, and both parties must be present to apply.
2. Ceremony or Solemnization
- Ceremony: In Pennsylvania, the marriage ceremony can be performed by:
- A judge or state official.
- A clergy member of a recognized religious organization.
- The parties themselves, as long as they file the proper paperwork with the state. This allows for a self-officiated ceremony, which is often known as a “self-solemnized” marriage.
3. Substantive Restrictions on the Bride and Groom
There are some restrictions on who can marry in Pennsylvania:
- Blood and Marriage Relations: The bride and groom cannot be closely related by blood or marriage. This means no marriages between:
- Lineal ancestors or descendants (parents, children, siblings, grandparents, etc.).
- First cousins.
- Marital Status: Both parties must not be married to someone else at the time of the marriage.
- Same-Sex Marriages: Until 2014, Pennsylvania did not recognize same-sex marriages due to the Defense of Marriage Act. However, same-sex marriage became legal nationwide in 2015 following the Obergefell v. Hodges Supreme Court ruling. Same-sex marriages are now legal in Pennsylvania as well.
- Influence of Drugs or Alcohol: Neither party can be under the influence of drugs or alcohol at the time of obtaining the marriage license.
4. Age and Consent Requirements
- 18 or Older: If you are 18 or older, you can legally consent to marriage without needing additional permissions.
- 16-17 Years Old: If you are between 16 and 18, you need parental consent or court approval to marry.
- Under 16 Years Old: If you are under 16, court approval is required, and the court will assess the best interests of the child before granting approval.
5. Common-Law Marriage
- Before January 1, 2005: Pennsylvania previously allowed common-law marriages, where a couple could be considered legally married without a formal ceremony, provided they met certain conditions.
- Conditions: The parties must have agreed to live together as husband and wife, held themselves out as married, lived together, and had the requisite mental capacity.
- After January 1, 2005: Common-law marriages are no longer valid in Pennsylvania. However, any common-law marriages that were established before this date are still recognized as valid.
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