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10-year anniversary of abolishment of common law marriages |
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Friday, 19 September 2008 |
The Commonwealth of Pennsylvania outlawed common law marriages 10 years ago. To be married in Pennsylvania, you must obtain a marriage license and be married by an ordained minister.
By Heather Tressler
Record Staff Writer
Prior to 1998 the state of Pennsylvania recognized common law marriages. A common law marriage is a marriage without a civil or ecclesiastical ceremony, generally resulting from an agreement to marry followed by the couple's living together as husband and wife.
After 1998, Pennsylvania no longer recognizes it unless the common law marriage was formed before 1998.
Pete Weidenboerner, Recorder of Deeds, Register of Wills and Clerk of the Orphans Court, at the Elk County Courthouse, says that the common law marriages were just becoming too much of a problem.
"Some people would use the law to their advantage," said Weidenboerner. "They would say they weren't married if it was to their advantage or they would say they were married if it was to their advantage. Without a license, its just hard to tell who is and who isn't married."
A problem that the register and recorders office at the Elk County Courthouse was that people would request proof of their marriage and it wasn't available.
Weidenboerner said that legislatures outlawed common law marriages, and required couples to apply for a marriage license to be considered united.
The regulations for a marriage license is the couple has to be getting married and live in Pennsylvania. Once a license application is issued, there is a three-day waiting period, and then the license is issued and the couple has 60 days to get married. If the couple is not married within 60 days, the license is no longer usable, according to Wiedenboerner.
"A general rule in Pennsylvania is if they are getting married within the state confines of Pennsylvania then they can get a license in Pennsylvania in any one of the 67 counties and get married in any of the 67 counties," Weidenboerner said.
To perform a marriage, the performer must be a minister, have regular services, and have a congregation that participates in that service.
"As far as Internet ordained ministers, truth of it is, we belong to legislature rules and clerk of the orphans court association of Pa., and they try to get legislatures to get out and say who can marry and who can't marry," Weidenboerner said. "That's where they get into the gray area where someone who was ordained over the Internet, do they really have a church? They recommend not too, but no one says that its not a legal marriage."
Weidenboerner described an incident in Philadelphia where a person tried to marry another person and then tried to get a divorce. But, when they were in divorce court, the judge decided they were never married.
As far as pastors and ministers who do have a congregation and meet the requirements, they are capable of going to other counties, states or cities and marry as long as it is any recognized religion.
According to Weidenboerner, the law doesn't say what the recognized religion is, but they must have weekly services and a congregation. |
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Last Updated ( Thursday, 25 September 2008 )
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