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(1) A justice, judge or magisterial district judge of this Commonwealth.
(2) A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria:
(i) has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office;
(ii) has not been defeated for reelection or retention;
(iii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
(iv) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board;
(v) has not been removed from office by the Court of Judicial Discipline; and
(vi) is a resident of this Commonwealth.
(3) An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.
(3.1) An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth.
(4) An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.
(5) A mayor of any city or borough of this Commonwealth.
(5.1) A former mayor of a city or borough of this Commonwealth who:
(i) has not been defeated for reelection;
(ii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
(iii) has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies;
(iv) has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and
(v) is a resident of this Commonwealth.
(6) A minister, priest or rabbi of any regularly established church or congregation.
(b) Religious organizations.--Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization.
(c) Marriage license needed to officiate.--No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.
Other Marriage Laws, Statutes in Pennsylvania
1102 Definitions
The following words and phrases when used in this part shall have
the meanings given to them in this section unless the context clearly
indicates otherwise: "Department." The Department of Health of the
Commonwealth. "Marriage." A civil contract by which one man and one
woman take each other for husband and wife. "Marriage license" or
"license." A license to marry issued under this part.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
(Oct. 16, 1996, P.L.706, No.124, eff. 60 days) 1996 Amendment. Act 124 added the def. of "marriage."
1101 Short title of part
This part shall be known and may be cited as the Marriage Law.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
1103 Common-law marriage
No common-law marriage contracted after January 1, 2005, shall be
valid. Nothing in this part shall be deemed or taken to render any
common-law marriage otherwise lawful and contracted on or before January
1, 2005, invalid.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
(Nov. 23, 2004, P.L.954, No.144, eff. 60 days)
1104 Forms
Marriage license applications, consent certificates, marriage
licenses and other necessary forms shall be supplied at the expense of
the county and shall be uniform throughout this Commonwealth as
prescribed by the department. Statements of physicians and laboratories
relative to examinations for syphilis shall be prepared and furnished by
the department.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
1105 Fees
(a) General rule.--The fee to be charged for issuing a marriage
license or declaration and for returns thereof to the department shall
be $3 of which $2.50 shall be retained by the county wherein the license
is issued and 50¢ shall be remitted to the Commonwealth.
(b) Transmitting Commonwealth moneys.--All moneys collected under this
section for the Commonwealth shall be transmitted to the State Treasurer
no later than the tenth day of the following month.
Fees. Section 19 of the Marriage Law from which this section was derived
was repealed December 19, 1990, P.L.1240, No.206,and amended December
20, 1990, P.L.1471, No.222, and that section remains effective under 1
Pa.C.S. § 1952 (relating to effect of separate amendments on code
provisions enacted by same General Assembly) as a result of the 1990
amendment.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
1106 Records and statistics
(a) Filing transcript or record.--The county shall furnish the
department, not later than the 15th day of each month, with a transcript
or record of each marriage license issued and each return of the
celebration of a marriage received or filed during the preceding
calendar month.
(b) Forms.--The transcripts or records required to be furnished shall be
made on forms prepared and furnished by the department and shall
contain such information as the department may require.
(c) Confidentiality.--The records furnished to the department under this section shall not be open to public
inspection except as authorized by the regulations of the Advisory Health Board.
(d) Statistics.--The department shall from time to time compile and
publish statistics derived from records furnished under this section.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 11: Preliminary Provisions
1301 Marriage license required
(a) General rule.--No person shall be joined in marriage in this Commonwealth until a marriage license has been obtained.
(b) Place of marriage ceremony.--A license issued under this part shall
authorize a marriage ceremony to be performed in any county of this
Commonwealth.
(c) Identity of applicants.--Prior to issuance of the license, the
person issuing the license must be satisfied as to the identity of both
of the applicants.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
1302 Application for license
(a) General rule.--No marriage license shall be issued except upon
written and verified application made by both of the parties intending
to marry.
(b) Contents.--The application shall contain the following:
(1) The full name of the applicants.
(2) The occupation, birthplace, residence and age of the applicants. An applicant intending to marry who is a
program participant in the Address Confidentiality Program under Chapter
67 (relating to domestic and sexual violence victim address
confidentiality) may use the substitute address designated by the Office
of Victim Advocate pursuant to Chapter 67 as the address of their
residence.(3) Whether the marriage contemplated is the first, second or
other marriage of an applicant.
(4) A statement that neither of the applicants is afflicted with transmissible disease.
(5) The full name, residence, occupation and birthplace of the parents
of each applicant, including the maiden name of the mother of each
applicant. An applicant may use the substitute address designated by the
Office of Victim Advocate pursuant to Chapter 67 for a parent's
residence if:
(i) the applicant is a program participant in the Address Confidentiality Program under Chapter 67 and the
applicant resides with the applicant's parents; or
(ii) the applicant's parent is a program participant in the Address Confidentiality Program under Chapter 67.
(6) Any other facts necessary to determine whether a legal impediment to the proposed marriage exists.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days)
1303 Waiting period after application
(a) General rule.--No marriage license shall be issued prior to
the third day following the making of application therefor.
(b) Exceptions.--The court may authorize a license to be issued at any
time after the making of the application in the following cases:
(1) In case of emergency or extraordinary circumstances.
(2) If an applicant is a member of the Pennsylvania National Guard or
other reserve component of the armed forces of the United States and is
called or ordered to active duty with the armed forces of the United
States.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
(Nov. 23, 2004, P.L.954, No.144, eff. 60 days)
1304 Restrictions on issuance of license
(a) Examinations and tests for syphilis.--(Repealed).
(b) Minors.--
(1) No marriage license may be issued if either of the applicants for a
license is under 16 years of age unless the court decides that it is to
the best interest of the applicant and authorizes the issuance of the
license.
(2) No marriage license may be issued if either of the applicants is
under 18 years of age unless the consent of the custodial parent or
guardian of the applicant is personally given before the person issuing
the license or is certified under the hand of the custodial parent or
guardian attested by two adult witnesses and, in the latter case, the
signature of the custodial parent or guardian is acknowledged before an
officer authorized by law to take acknowledgments. When the minor has no
guardian and a judge of the court is absent or not accessible for any
reason, the office issuing the license may appoint a guardian pro hac
vice for the minor.
(c) Incompetent persons.--No marriage license may be issued if either of
the applicants for a license is weak minded, insane, of unsound mind or
is under guardianship as a person of unsound mind unless the court
decides that it is for the best interest of the applicant and the
general public to issue the license and authorizes the issuance of the
license.
(d) Persons under influence of alcohol or drugs.--No marriage license
may be issued if, at the time of making application, either of the
applicants is under the influence of alcohol or drugs.(e) Marriage to
relatives.--No marriage license may be issued to applicants within the
prohibited degrees of consanguinity which are as follows:
A man may not marry his mother.
A man may not marry the sister of his father.
A man may not marry the sister of his mother.
A man may not marry his sister.
A man may not marry his daughter.
A man may not marry the daughter of his son or daughter.
A man may not marry his first cousin.
A woman may not marry her father.
A woman may not marry the brother of her father.
A woman may not marry the brother of her mother.
A woman may not marry her brother.
A woman may not marry her son.
A woman may not marry the son of her son or daughter.
A woman may not marry her first cousin
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.)
1306 Oral examination
(a) General rule.--Each of the applicants for a marriage license
shall appear in person and shall be examined under oath or affirmation
as to:
(1) The legality of the contemplated marriage.
(2) Any prior marriage or marriages and its or their dissolution.
(3) The restrictions set forth in section 1304 (relating to restrictions on issuance of license).
(4) All the information required to be furnished on the application for license as prepared and approved by the department.
(b) Exception.--If an applicant is unable to appear in person because of
his active military service, the applicant shall be permitted to
forward an affidavit, which verifies all of the information required
under subsection (a), to the issuing authority.
(c) Form.--The department shall develop and make available affidavit forms to be used by applicants under subsection (b).
(d) Definition.--As used in this section, the term "active military
service" means active service in any of the armed services or forces of
the United States or this Commonwealth.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days)
1307 Issuance of license
The marriage license shall be issued if it appears from properly
completed applications on behalf of each of the parties to the proposed
marriage that there is no legal objection to the marriage. Except as
provided by section 1303(b) (relating to waiting period after
application), the license shall not be issued prior to the third day
following the date of the most recent of the two applications therefor.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
1308 Judicial review of refusal to issue license
(a) Certifying proceedings to court.--If the issuance of a
marriage license is refused, upon request of the applicants, the
proceedings shall immediately be certified to the court without
formality or expense to the applicants.
(b) Prompt hearing.--The application for a marriage license shall be
heard by a judge of the court, without a jury, in court or in chambers
at the earliest possible time.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
1309 Filing applications and consent certificates
The applications for marriage licenses and consent certificates
shall be immediately filed and docketed as public records.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
1310 Duration and form of license
The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in
substantially the following form:
Commonwealth of Pennsylvania
ss: No......
County of (name)
To any person authorized by law to solemnize marriage:
You are hereby authorized to join together in holy state of matrimony,
according to the laws of the Commonwealth of Pennsylvania, (name) and
(name).
Given under my hand and seal of the Court of Common Pleas of (name), at (city, borough or town), on (date).
Signed ..........................
(Official Title)
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 13: Marriage License
1501 Form of marriage certificates
The marriage license shall have appended to it two certificates,
numbered to correspond with the license (one marked original and one
marked duplicate), which shall be in substantially the following form:
I hereby certify that on (date), at (city, borough or town),
Pennsylvania, (name) and (name) were by me united in marriage, in
accordance with license issued by the Court of Common Pleas of (name)
numbered ....
Signed...............................
(Title of person solemnizing marriage)
Address..............................
Cross References. Section 1501 is referred to in section 1502 of this title.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 15: Marriage Ceremony
1502 Forms where parties perform ceremony
(a) Declaration of authorization.--In all cases in which the
parties intend to solemnize their marriage by religious ceremony without
officiating clergy, the marriage shall not take place until their right
so to do is certified in a declaration in substantially the following
form:
Commonwealth of Pennsylvania
ss: No. ....County of (name)
To (name) and (name)
Legal evidence having been furnished to me, in accordance with law, this
certifies that I am satisfied that there is no legal impediment to you
joining yourselves together in marriage.
Signed........................
(Official Title)
(b) Marriage certificates.--In lieu of the certificate set forth in section 1501 (relating to form of marriage
certificates), there shall be appended to the declaration two
certificates, numbered to correspond to the declaration, in the
following form:
We hereby certify that on (date), we united ourselves in marriage, at
(city, borough or town), County of (name), Pennsylvania, having first
obtained from the Court of Common Pleas of (name) a declaration numbered
.... that the court was satisfied that there was no existing legal
impediment to our so doing.
Signed........................
Signed........................
We, the undersigned, were present at the solemnization of the marriage
of (name) and (name), as set forth in the foregoing certificate.
Signed........................
Signed........................
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 15: Marriage Ceremony
1504 Returns of marriages
(a) General rule.--The original marriage certificate shall be
signed by the person solemnizing the marriage and given to the parties
contracting the marriage. The duplicate certificate shall be signed by
the person or by a member of the religious society, institution or
organization solemnizing the marriage and returned for recording within
ten days to the court which issued the license.
(b) Marriage performed by parties.--If the marriage was solemnized by
the parties themselves, the original certificate shall be signed by the
parties to the marriage, attested by two witnesses and retained by the
parties contracting the marriage. The duplicate certificate shall be
signed by the parties to the marriage, attested by the same two
witnesses and returned for recording within ten days to the court
issuing the license.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 15: Marriage Ceremony
1701 Decree that spouse of applicant is presumed decedent
(a) Finding of death.--When the spouse of an applicant for a
marriage license has disappeared or is absent from the place of
residence of the spouse without being heard of after diligent inquiry,
the court, aided by the report of a master if necessary, upon petition
of the applicant for a marriage license, may make a finding and decree
that the absentee is dead and the date of death if notice to the
absentee has been given as provided in subsection (d) and either of the
applicants is and for one year or more prior to the application has been
a resident of this Commonwealth.
(b) Presumption from absence.--When the death of the spouse of an
applicant for a marriage license is in issue, the unexplained absence
from the last known place of residence and the fact that the absentee
has been unheard of for seven years may be sufficient ground for finding
that the absentee died seven years after the absentee was last heard
from.
(c) Exposure to specific peril.--The fact that an absentee spouse was
exposed to a specific peril of death may be a sufficient ground for
finding that the absentee died less than seven years after the absentee
was last heard from.
(d) Notice to absentee.--The court may require advertisement in any
newspapers as the court, according to the circumstances of the case,
deems advisable of the fact of the application for the marriage license,
together with notice that, at a specified time and place, the court or a
master appointed by the court
will hear evidence concerning the alleged absence, including the circumstances and duration thereof.
(e) Remarriage after decree of presumed death.--Even though the absentee
spouse declared to be presumed dead is in fact alive, the remarriage of
the spouse who has obtained a license to marry and a decree of presumed
death of the former spouse shall be valid for all purposes as though
the former marriage
had been terminated by divorce, and all property of the presumed
decedent shall be administered and disposed of as provided by Title 20
(relating to decedents, estates and fiduciaries).
Pennsylvania Consolidated Statutes - Title 23: Domestic
Relations - Part 2: Marriage - Chapter 17: Miscellaneous Provisions
Relating to Marriage
1702 Marriage during existence of former marriage
(a) General rule.--If a married person, during the lifetime of the
other person with whom the marriage is in force, enters into a
subsequent marriage pursuant to the requirements of this part and the
parties to the marriage live together thereafter as husband and wife,
and the subsequent marriage was entered into by one or both of the
parties in good faith in the full belief that the former spouse was dead
or that the former
marriage has been annulled or terminated by a divorce, or without
knowledge of the former marriage, they shall, after the impediment to
their marriage has been removed by the death of the other party to the
former marriage or by annulment or divorce, if they continue to live
together as husband and wife in good faith on the part of one of them,
be held to have been legally married from and immediately after the date
of death
or the date of the decree of annulment or divorce.
(b) False rumor of death of spouse.--Where a remarriage has occurred
upon false rumor of the death of a former spouse in appearance
well-founded but there has been no decree of presumed death, the
remarriage shall be void and subject to annulment by either party to the
remarriage as provided by section 3304 (relating to grounds for
annulment of void marriages), and the returning spouse shall have cause
for divorce as provided in section 3301 (relating to grounds for
divorce).
(c) Criminal penalties.--Where the remarriage was entered into in good
faith, neither party to the remarriage shall be subject to criminal
prosecution for bigamy.
Pennsylvania Consolidated Statutes - Title 23: Domestic
Relations - Part 2: Marriage - Chapter 17: Miscellaneous Provisions
Relating to Marriage
1703 Marriage within degree of consanguinity
All marriages within the prohibited degrees of consanguinity as
set forth in this part are voidable, but, when any of these marriages
have not been dissolved during the lifetime of the parties, the
unlawfulness of the marriage shall not be inquired into after the death
of either of the parties to the marriage.
Pennsylvania Consolidated Statutes - Title 23: Domestic
Relations - Part 2: Marriage - Chapter 17: Miscellaneous Provisions
Relating to Marriage
-
1704 Marriage between persons of the same sex
It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.
Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 17: Miscellaneous Provisions Relating to Marriage (Oct. 16, 1996, P.L.706, No.124, eff. 60 days)