Getting Married

Question 1

What are the types of marriage in Pennsylvania?

Answer 1

1. Ceremonial marriage
2. Common-law marriage

Question 2

What is a ceremonial marriage?

Answer 2

A marriage that requires the couple obtain a license.

Question 3

What preliminary requirements must be met for a couple to get a license?

Answer 3

1. Both parties must be at least 16 years old.
   
   1. A party under 18 must obtain consent of a parent or legal guardian.
   2. The court must determine that issuing a license is in the best interest of an applicant under 16.
2. Both parties must be free of any mental illness or defect and cannot be under guardianship as a person of unsound mind.

If they are not met, then the court must decide whether granting the license is in the best interest of both the applicant and the general public.

Question 4

Under what circumstances will a license never be issued?

Answer 4

1. If either party is under the influence of drugs or alcohol when the license is sought.
2. If the parties are closely related (first cousins, aunts, uncles, grandchildren, siblings, parents)

Question 5

How can a ceremonial marriage be solemnized?

Answer 5

Either by a judge, political official, or member of the clergy of a recognized religious organization.

Alternatively, the parties may solemnize their own religious ceremony if they certify their right to do so in a declaration filed with the state.

Question 6

Under what circumstances does a common-law marriage exist?

Answer 6

When the parties

1. agree they are married,
2. live together, and
3. hold themselves out in public as married.

Question 7

Under what circumstances will a common-law marriage be invalid?

Answer 7

1. If either party was married to someone else at the time that the common-law marriage was entered into.
2. If the common-law marriage was entered into after January 1, 2005.
3. If one party does not have the mental capacity to do so (same standard as for a ceremonial marriage).
4. If the parties cannot produce evidence of words in the present tense that show their intention to enter into marriage.
5. If circumstantial evidence (cohabitation or reputation) is insufficient for the court to conclude that the parties hold themselves out as being married.
   
   1. Cohabitation is not enough.

N.B.: Solemnization/ceremony/licensure are not required.