To enter into a ceremonial marriage in Pennsylvania, you must meet two basic requirements:
- Obtain a Marriage License:
You must secure a marriage license from the appropriate county office. - Solemnization (Ceremony):
- The ceremony can be performed by a judge, state official, or clergy from a recognized religious organization.
- Alternatively, the parties themselves may perform the ceremony if they file the proper paperwork with the state.
Substantive Restrictions
There are specific restrictions regarding who may marry:
- Prohibited Relationships:
The bride and groom cannot be closely related by blood or marriage. This means they cannot be lineal ancestors or descendants (such as parent, child, sibling, or grandparent), nor can they be first cousins or have any other prohibited familial connection. - Marital Status:
Both parties must be legally free to marry; neither can be currently married to someone else. - Sex Requirements:
Pennsylvania law does not recognize same-sex marriages. Same-sex marriage is prohibited under the state’s public policy and statutory laws, including the Defense of Marriage Act. - Intoxication:
At the time of applying for the marriage license, neither party may be under the influence of drugs or alcohol.
Additional Age and Consent Requirements
- Adults (18 and over):
Individuals aged 18 or older can consent to marriage on their own. - Minors (16-18):
Those between the ages of 16 and 18 must obtain parental consent or court approval. - Under 16:
For individuals under 16, court approval is required, and the court will consider the best interests of the minor.
Common-Law Marriage
While Pennsylvania no longer permits common-law marriages contracted after January 1, 2005, marriages entered into before that date may still be recognized if they meet the following criteria:
- The parties agreed to live together as husband and wife without a license or formal ceremony before January 1, 2005.
- They lived together.
- They held themselves out to be husband and wife through their words (using present-tense language) or actions.
- Both parties possessed the requisite mental capacity at the time of the union.
Important: A future promise to marry is not sufficient; the agreement must reflect an immediate, present-tense commitment.
Divorce Lawyer R. Badet is an experienced divorce attorney dedicated to helping his clients navigate every stage of family law matters. His practice covers simple and complex divorces, spousal support, child support, and child custody. With extensive experience in both Family Law and Criminal Law, he ensures you receive the best possible outcome. For more details on your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
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