To legally marry in Pennsylvania, you must meet two fundamental requirements: obtaining a marriage license and participating in a ceremony or solemnization.
Key Requirements for a Legal Marriage:
- Marriage License
- A license must be obtained to proceed with the marriage.
- Ceremony
- Conducted by a recognized official, such as a judge, a state officer, or a clergy member from an established religious organization.
- Alternatively, couples can perform the ceremony themselves if the appropriate paperwork is submitted to the state.
- Substantive Restrictions on the Couple
- Close Relationships Prohibited:
- The couple must not be closely related by blood or marriage.
- Prohibited relationships include parent-child, siblings, grandparent-grandchild, uncle-niece, or first cousins.
- Marital Status: Neither party can be legally married to someone else.
- Same-Sex Marriage: Pennsylvania law does not recognize same-sex marriages (per the Defense of Marriage Act).
- Intoxication: Both individuals must not be under the influence of drugs or alcohol when applying for the license.
- Close Relationships Prohibited:
Additional Age-Based Requirements:
- Individuals aged 18 or older can provide their own consent for marriage.
- Those aged 16 to 18 require parental consent or court approval.
- Those under 16 must have court approval, which will be granted based on the child’s best interest.
Common-Law Marriage in Pennsylvania:
Although Pennsylvania no longer allows common-law marriages after January 1, 2005, unions formed before this date remain valid under specific conditions:
- The couple must have agreed to live together as spouses without a license or ceremony before the cutoff date.
- They must have cohabited and publicly identified themselves as husband and wife.
- Mental capacity and the use of present-tense language (not a future promise) are necessary for validation.
If the marriage took place before the deadline, it may still be legally recognized. However, future promises to marry or situations lacking explicit present-tense declarations do not meet the requirements.
Legal Guidance:
Consulting an experienced attorney is crucial to navigating marriage and family law in Pennsylvania. Divorce Lawyer R. Badet specializes in providing guidance on matters including marriage licenses, divorce, child support, custody, and spousal support. For professional assistance, visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation.