PA Marriage Laws: Don't Say 'I Do' Until You Read This!
Navigating the complexities of pennsylvania marriage laws requires understanding several key aspects. The Pennsylvania Department of Health establishes the criteria for obtaining a marriage license, a crucial step in the process. Eligibility requirements, such as age and prior marital status, dictate who can legally marry within the Commonwealth. Furthermore, the county clerk's office serves as the primary point of contact for applications and the issuance of marriage licenses. Understanding these interactions is paramount when approaching pennsylvania marriage laws, and consulting with a family law attorney ensures all legal obligations are met.
Image taken from the YouTube channel Davis Divorce Law , from the video titled How Are Marital Assets Divided in a Pennsylvania Divorce? .
Understanding Pennsylvania Marriage Laws Before You Tie the Knot
Before embarking on the exciting journey of marriage in Pennsylvania, it's crucial to familiarize yourself with the legal framework governing this union. This guide breaks down the essential aspects of Pennsylvania marriage laws, ensuring you are well-informed before saying "I do."
Eligibility Requirements for Marriage
Pennsylvania has specific requirements that must be met to be legally married. Failing to meet these requirements can render your marriage invalid.
Age Restrictions
- 18 Years or Older: Individuals aged 18 or older can marry freely without parental consent.
- 16 or 17 Years Old: If an applicant is 16 or 17 years old, parental consent is required. This consent must be obtained from a parent or legal guardian.
- Under 16 Years Old: Marriages are prohibited if either applicant is under the age of 16. There are no exceptions to this rule in Pennsylvania.
Legal Capacity and Mental Competence
Both applicants must possess the legal capacity and mental competence to understand the nature and obligations of marriage. This means they must:
- Understand they are entering into a legally binding agreement.
- Be free from any mental condition that impairs their ability to consent.
Prohibited Relationships
Pennsylvania law prohibits marriages between individuals who are closely related. This includes:
- Lineal Ancestors and Descendants: This includes parents and children, grandparents and grandchildren, etc.
- Siblings: Marriages between full or half siblings are prohibited.
- Aunts and Uncles: Marriages between aunts/uncles and nieces/nephews are prohibited.
- First Cousins: Marriages between first cousins are permitted.
Existing Marriages (Bigamy)
It is illegal to marry if you are already legally married to another person. Proof of termination of any previous marriage (divorce decree or death certificate of former spouse) is required before obtaining a marriage license.
Obtaining a Marriage License in Pennsylvania
The process of obtaining a marriage license involves several steps and requires specific documentation.
Where to Apply
You and your future spouse must apply for a marriage license in person at the Marriage License Bureau of any county in Pennsylvania. You do not have to reside in the county where you apply.
Required Documentation
You will typically need to provide the following:
- Proof of Identity: Valid photo identification, such as a driver's license, passport, or government-issued ID.
- Proof of Age: Birth certificate or other documentation establishing your age.
- Social Security Number: Both applicants will need to provide their Social Security numbers.
- Divorce Decree (if applicable): If you were previously married, you must provide a certified copy of your divorce decree.
- Death Certificate (if applicable): If your previous spouse is deceased, you must provide a certified copy of the death certificate.
- Fees: There is a fee associated with obtaining a marriage license. The amount varies by county. Contact the Marriage License Bureau in your county for specific fee information.
The Application Process
The application process involves:
- Completing the Application Form: You and your future spouse will need to fill out an application form providing personal information and details about any previous marriages.
- Swearing to the Accuracy of the Information: You will be required to swear under oath that the information provided on the application is true and accurate.
- Presenting Required Documents: Provide all the necessary documents as listed above.
- Paying the Fee: Pay the required fee to the Marriage License Bureau.
Waiting Period
Pennsylvania law requires a three-day waiting period between the date of application and the date the license is issued. This waiting period allows for reflection and ensures the decision to marry is made thoughtfully.
License Validity
A Pennsylvania marriage license is valid for 60 days from the date of issuance. The marriage ceremony must be performed within this timeframe.
The Marriage Ceremony
The marriage ceremony is the formal event where you and your future spouse legally bind yourselves in marriage.
Who Can Perform the Ceremony
Pennsylvania law specifies who is authorized to perform marriage ceremonies:
- Judges: Judges of the Courts of Common Pleas and other judicial officers.
- Magistrates: District Judges and other magistrates.
- Clergy: Regularly ordained ministers, priests, and rabbis of any religious organization.
- Other Authorized Individuals: Individuals authorized by a religious organization to perform marriage ceremonies.
Witness Requirements
Pennsylvania law requires two witnesses to be present at the marriage ceremony. These witnesses must be at least 18 years old and capable of understanding the ceremony.
The Marriage Certificate
After the ceremony, the officiant must complete and sign the marriage certificate. This certificate is then returned to the Marriage License Bureau for official recording.
Name Change After Marriage
Pennsylvania law allows either spouse to change their name after marriage.
Options for Name Change
- Wife Taking Husband's Last Name: This is the most traditional option.
- Husband Taking Wife's Last Name: This is becoming increasingly common.
- Hyphenated Name: Both spouses can combine their last names with a hyphen.
- Maintaining Existing Name: Either spouse can choose to keep their existing name.
Name Change Process
The marriage certificate serves as legal documentation to initiate a name change. You can use it to update your Social Security card, driver's license, and other official documents. You generally do not need a court order for a name change directly resulting from marriage in Pennsylvania.
Common Law Marriage
Pennsylvania law recognizes common law marriage, but it is difficult to establish.
Requirements for Common Law Marriage
To establish a common law marriage in Pennsylvania, you must prove:
- Present Intent to Marry: Both parties must have a clear and unequivocal intent to be married at that exact moment. This intent must be expressed openly and consistently.
- Cohabitation: The couple must live together continuously.
- Reputation of Being Married: The couple must hold themselves out to the public as being married.
Important Considerations
- Common law marriages are looked upon with disfavor by the courts and are subject to very strict scrutiny.
- Establishing a common law marriage requires substantial evidence.
- Since January 1, 2005, Pennsylvania does not recognize new common law marriages, except in very specific circumstances. This means that you must have established your common law marriage before this date.
Premarital Agreements (Prenups)
A premarital agreement, also known as a prenuptial agreement, is a contract entered into by two people before they marry.
Purpose of a Prenuptial Agreement
The purpose of a prenuptial agreement is to:
- Define the property rights of each spouse in the event of divorce or death.
- Protect individual assets accumulated before marriage.
- Address issues such as alimony or spousal support.
Requirements for a Valid Prenuptial Agreement
To be valid and enforceable, a prenuptial agreement must meet certain requirements:
- Voluntary Agreement: Both parties must enter into the agreement voluntarily, without coercion or duress.
- Full and Fair Disclosure: Both parties must fully and fairly disclose their assets and liabilities.
- Fair and Reasonable Terms: The terms of the agreement must be fair and reasonable at the time it is entered into.
- Independent Legal Counsel: While not strictly required, it is highly recommended that each party obtain independent legal counsel to review the agreement.
- Signed and Notarized: The agreement must be in writing, signed by both parties, and notarized.
Seeking Legal Advice
It is always advisable to seek legal advice from a qualified Pennsylvania attorney regarding marriage laws. An attorney can provide personalized guidance based on your specific circumstances. This is especially important if you have complex financial situations, prior marriages, or concerns about property rights.
Video: PA Marriage Laws: Don't Say 'I Do' Until You Read This!
PA Marriage Laws: Frequently Asked Questions
Here are some frequently asked questions about marriage laws in Pennsylvania to help you better understand the legal requirements.
What is the minimum age to get married in Pennsylvania?
In Pennsylvania, you must be at least 18 years old to marry without parental consent. If you are 16 or 17, you need consent from a parent or legal guardian and approval from a judge. There are no exceptions for anyone under 16 to marry in Pennsylvania.
Do I need a blood test to get a marriage license in Pennsylvania?
No, Pennsylvania marriage laws do not require a blood test to obtain a marriage license. However, you will need to provide valid identification, like a driver's license or passport, and know your social security number.
How long is a Pennsylvania marriage license valid?
Once you obtain a marriage license in Pennsylvania, it is valid for 60 days from the date of issuance. The marriage ceremony must take place within this timeframe. If the 60-day period expires, you'll need to apply for a new license.
Can same-sex couples legally marry in Pennsylvania?
Yes, same-sex marriage is legal in Pennsylvania. The Supreme Court ruling in Obergefell v. Hodges established the right to marry regardless of sexual orientation, making it legal under Pennsylvania marriage laws.
