Marriage Law Pennsylvania

1. The marriage can be solemnized only if a marriage license has been obtained.
2. Prior to issuance of the license, the person issuing the license must be satisfied as to the identity of both of the applicants.
3. Both parties to a marriage should appear in person to obtain the license.
4. The person applying for the marriage license need to submit the following
   1. birth certificates,
   2. tax information, and
   3. a proof of identification such as driver's license and Social Security card or a valid passport number,
   4. information about previous marriages, if previously married, the date of divorce or date of spouse's death must be supplied.
   5. A completed application form must be submitted.

APPLICATION FOR LICENSE

1. No marriage license shall be issued except upon written and verified application made by both of the parties intending to marry.
2. The application shall contain the following:
   1. The full name of the applicants.
   2. The occupation, birthplace, residence and age of the applicants.
   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.
   6. Any other facts necessary to determine whether a legal impediment to the proposed marriage exists.

WAITING PERIOD AFTER APPLICATION

1. Marriage license shall be issued after the expiry of the third day following the making of application therefor.

MINORS APPLYING FOR MARRIAGE LICENSE

1. A marriage license may not be issued if either of the applicants for a license is under 16 years of age except without Courts order.
2. The minors who are under 18 years of age,
   1. the consent of the custodial parent or guardian of the applicant is personally given before the person issuing the license or
   2. is certified under the hand of the custodial parent or guardian attested by two adult witnesses and,
   3. in the latter case, the signature of the custodial parent or guardian is acknowledged before an officer authorized by law to take acknowledgments.
   4. 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 for the minor.
3. A marriage license may not be issued if either of the applicants for a license is:
   1. weak minded,
   2. insane,
   3. of unsound mind or
   4. 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.
4. A marriage license may not be issued if, at the time of making application, either of the applicants is under the influence of alcohol or drugs.
5. A marriage license may not be issued to applicants within the prohibited degrees of consanguinity which are as follows:
   1. A man may not marry his mother.
   2. A man may not marry the sister of his father.
   3. A man may not marry the sister of his mother.
   4. A man may not marry his sister.
   5. A man may not marry his daughter.
   6. A man may not marry the daughter of his son or daughter.
   7. A man may not marry his first cousin.
   8. A woman may not marry her father.
   9. A woman may not marry the brother of her father.
   10. A woman may not marry the brother of her mother.
   11. A woman may not marry her brother.
   12. A woman may not marry her son.
   13. A woman may not marry the son of her son or daughter.
   14. A woman may not marry her first cousin.

PERSON AUTHORIZED TO SLEMNIZE MARRIAGE IN THE STATE

1. The following persons are authorized to solemnize marriage.
   1. A justice, judge or district justice of this Commonwealth.
   2. A former or retired justice, judge or district justice of this Commonwealth who is serving as a senior judge or senior district justice as provided or prescribed by law.
   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.
   4. An active 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.
   6. A minister, priest or rabbi of any regularly established church or congregation.
2. Every religious society, religious institution or religious organization 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.
3. The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage.
4. 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.
5. 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.
6. 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.

FEES

1. The marriage license fee is only $40 in Cash.
2. There are no exceptions or waivers to the license fee.
3. No extensions or refunds are made once the license is issued.