To have a ceremonial marriage in Pennsylvania, there are two essential components:
- Marriage License:
You must obtain a valid marriage license. This license is the legal prerequisite to enter into a marriage. - Ceremony or Solemnization:
After obtaining the license, a marriage ceremony must be performed. The ceremony can be conducted by:- A judge, state official, or clergy member of a recognized religious organization, or
- The couple themselves, provided they complete the appropriate paperwork with the state.
In addition to these core requirements, there are specific substantive restrictions for the bride and groom:
- Prohibited Relationships:
The parties cannot be too closely related by blood or marriage. For example, they cannot be direct ancestors or descendants—such as parents, children, siblings, grandparents, uncles, or even first cousins. - Existing Marriages:
Neither party may be currently married to someone else. - Same-Sex Marriage:
Pennsylvania does not recognize same-sex marriages. Under current state policy and statutory law (including provisions like the Defense of Marriage Act), marriages between individuals of the same sex are not permitted. - Influence of Substances:
Applicants for a marriage license must not be under the influence of drugs or alcohol at the time of application.
Additional Requirements Based on Age
- Age 18 and Over:
Individuals 18 years of age or older can consent to marriage on their own. - Ages 16 to 18:
Minors in this age group require parental consent or court approval to marry. - Under 16:
Marriages involving individuals under 16 are only allowed with court approval, where the decision will be based on the best interests of the minor.
Common-Law Marriage in Pennsylvania
While Pennsylvania recognizes ceremonial marriages, common-law marriages are a different matter. No common-law marriages contracted after January 1, 2005, are valid. However, those established before this date are “grandfathered” in, provided they meet the following criteria:
- Mutual Agreement:
The couple must have agreed to live together as husband and wife without obtaining a license or having a formal ceremony, and this agreement must have been in place before January 1, 2005. - Cohabitation:
The parties must have lived together as a married couple. - Present Tense Representation:
They must hold themselves out as husband and wife—either through explicit statements in the present tense or through their conduct. A future promise to marry does not meet this requirement. - Mental Capacity:
Both parties must have had the necessary mental capacity at the time the relationship commenced.
It is important to verify the date when a common-law marriage began to determine its validity under current Pennsylvania law.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney dedicated to assisting clients at every stage of the divorce process. His practice covers both straightforward and complex cases, including matters of spousal support, child support, and child custody. With extensive experience in family law, he is committed to achieving the best possible outcome for your situation. For more information about your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
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