Best Marriage Lawyers in Pennsylvania

About Marriage Law in Pennsylvania, United States

Marriage in Pennsylvania is governed by both state statutes and judicial decisions, establishing the legal framework for who may marry, how marriages are solemnized, and related rights and responsibilities. The law covers issues such as eligibility to marry, requirements for licenses, officiants, and the recognition of marriages performed elsewhere. The state recognizes both opposite-sex and same-sex marriages, and all marriages are subject to certain legal conditions and protections.

Why You May Need a Lawyer

There are several situations in which it may be advisable to consult a lawyer regarding marriage in Pennsylvania. Common circumstances include:

• Understanding your rights and obligations before getting married, including prenuptial agreements.
• Addressing issues related to marriage annulments or contested marriages.
• Navigating legal matters involving parental rights and stepchild adoption after marriage.
• Handling complex issues with property, debts, or financial arrangements before and after marriage.
• Seeking guidance in matters involving marriage for non-citizens or immigrants.
• Addressing allegations of bigamy, fraud, or misrepresentation in marriage.
• Resolving disputes involving name changes, marital status, or recognition of foreign marriages.

Local Laws Overview

Pennsylvania marriage law has several key features you should know:

• Marriage License: Before marrying, couples must obtain a marriage license from the county Register of Wills. There is a mandatory 3-day waiting period before the license can be used, and it remains valid for 60 days.
• Eligibility: Both parties must be at least 18 years old. People aged 16 or 17 may marry with parental or guardian consent, but anyone under 16 requires court approval. Close relatives, as defined by law, are prohibited from marrying.
• Solemnization: Marriages may be performed by clergy, judges, and certain public officials. Pennsylvania also permits self-uniting marriages, which do not require an officiant, though not all counties offer this option.
• Common Law Marriage: Pennsylvania no longer recognizes common law marriages entered into after January 1, 2005. Common law marriages established before that date may still be recognized if proven.
• Same-Sex Marriage: Same-sex marriage has been legally recognized in Pennsylvania since 2014.
• Recordkeeping: All marriages must be recorded with the county where the marriage license was issued. The state maintains official marriage records for legal and administrative purposes.
• Annulment & Divorce: The law provides grounds and procedures for the annulment of invalid marriages as well as the dissolution of marriage through divorce.

Frequently Asked Questions

What are the requirements to get married in Pennsylvania?

Couples must apply for a marriage license at the county Register of Wills, present valid identification, and in some cases provide divorce decrees or death certificates from previous marriages. Both parties must be at least 18 years old, unless exceptions apply.

Is there a waiting period before we can get married?

Yes. There is a mandatory 3-day waiting period from the date the marriage license is issued before it can be used.

How long is a marriage license valid in Pennsylvania?

A marriage license is valid for 60 days from the date it is issued. If not used within that timeframe, you will need to reapply.

Can we have a self-uniting marriage in Pennsylvania?

Yes, Pennsylvania allows self-uniting marriages, where no officiant is required. However, availability varies by county, so check with your county Register of Wills.

Does Pennsylvania recognize same-sex marriage?

Yes, same-sex marriages have been legally recognized in Pennsylvania since 2014.

What if one or both spouses were previously married?

If either party has previously been married, proof of divorce or the death of the prior spouse must be provided at the time of the marriage license application.

Can I change my name after marriage?

Yes, individuals can change their surname after marriage by showing proof of marriage to relevant institutions. Some agencies may require specific forms in addition to the marriage certificate.

Does Pennsylvania allow marriage between cousins?

No, Pennsylvania law prohibits marriages between first cousins.

What is a common law marriage, and are they recognized?

Common law marriages are unions without a marriage license or ceremony, based on mutual agreement and cohabitation. Pennsylvania recognizes common law marriages only if they were established before January 1, 2005.

Where do I get a copy of my marriage certificate in Pennsylvania?

Marriage certificates are issued by the county Register of Wills where the marriage license was obtained. Requests can typically be made in person or by mail.

Additional Resources

If you need more information or assistance related to marriage in Pennsylvania, the following resources may be helpful:

• Pennsylvania Department of Health: For statewide information on vital records including marriage certificates.
• County Register of Wills Offices: Local offices responsible for issuing marriage licenses and maintaining records.
• Pennsylvania Bar Association: Offers lawyer referral services and guidance on finding qualified legal representation.
• PA Courts Self-Help Center: Information and resources for individuals representing themselves in legal matters related to marriage and family law.
• Legal Aid Organizations: Several non-profit organizations provide legal assistance to low-income individuals and families across Pennsylvania.

Next Steps

If you require legal assistance regarding marriage in Pennsylvania, consider these steps:

1. Clarify your legal issue, whether it involves marriage license questions, prenuptial agreements, annulment, or other concerns.
2. Gather relevant documents, such as identification, proof of divorce or previous marriages, and any correspondence with county offices.
3. Contact your local county Register of Wills for procedural questions about marriage licenses and recordkeeping.
4. If you need legal advice or representation, seek a qualified family law attorney with experience in Pennsylvania marriage law.
5. If affordability is an issue, reach out to local legal aid organizations for potential assistance.
6. Stay informed about your rights and responsibilities by consulting reputable resources and, when necessary, trusted legal professionals.

Navigating marriage law can be complex, but understanding the basics and knowing where to turn for help can make the process smoother and less stressful.