Understanding Common Law Marriage in Pennsylvania

In many cases, the debate between a spouse and other parties is what to do with a child who has been exposed to the practice of Common Law Marriage. Simply stated, the question is this: is common law marriage recognized in Pennsylvania? To address this issue, first look at the definition of common law marriage as it pertains to both wives and husbands: Common law marriage refers to a non-ceremonial marriage. Parties who cohabitate or live together create a relationship that is consistent with the husband/wife status in the eyes of legal statutes and precedents. In other words, a husband and wife share both economic and social responsibilities, regardless of where the topic is discussed. Such unions may or may not be documented (Caramanna, 1).

To be valid, a common law marriage requires: Witness the issue of common law marriage in Pennsylvania. Under Title 23 P.S. 1103, the applicable provisions in PA are as follows: § 1103. Common-law marriage validity (a) Common-law marriages contracted after 1 January 2005 are invalid in this Commonwealth. (b) Common-law marriages contracted before 1 January 2005 are valid in this Commonwealth if the purported marriage meets all of the following conditions: (1) The common law marriage meets the same requirements as other marriages for such purposes as laws governing divorces and annulments. (2) When applying the common law marriage requirements to a common law marriage contracted in this Commonwealth, the same law applies as if all acts and events necessary to make the couple married under common law occurred in this Commonwealth, even if the acts or events occurred elsewhere. (3) The common law marriage was contracted between persons of the opposite sex. (4) The common law marriage was entered into at a time when the parties were legally eligible to marry. (c) The courts of this Commonwealth shall have jurisdiction to adjudicate divorce actions involving parties to common law marriages contracted in this Commonwealth prior to 1 January 2005.