CHAPTER 13

MARRIAGE LICENSE

 

Sec.

1301.  Marriage license required.

1302.  Application for license.

1303.  Waiting period after application.

1304.  Restrictions on issuance of license.

1305.  Examination and tests for syphilis (Repealed).

1306.  Oral examination.

1307.  Issuance of license.

1308.  Judicial review of refusal to issue license.

1309.  Filing applications and consent certificates.

1310.  Duration and form of license.

 

Enactment.  Chapter 13 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

§ 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.

§ 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.

(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.

(Nov. 23, 2004, P.L.954, No.144, eff. 60 days)

 

Cross References.  Section 1303 is referred to in section 1307 of this title.

§ 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 18 years of age.

(2)  (Deleted by amendment).

(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.

(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.; May 8, 2020, P.L.121, No.18, eff. 60 days)

 

2020 Amendment.  Act 18 amended subsec. (b).

1997 Repeal.  Act 35 repealed subsec. (a).

1993 Amendment.  Act 79 amended subsec. (b).

Cross References.  Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation).

§ 1305.  Examination and tests for syphilis (Repealed).

 

1997 Repeal.  Section 1305 was repealed June 25, 1997, P.L.331, No.35, effective immediately.

§ 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 or because the office of the register of wills is closed due to a state of disaster emergency declared by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or a declaration of judicial emergency under Article V of the Constitution of Pennsylvania, a law of this Commonwealth, a rule of court or other judicial order by the Supreme Court or any agency or unit of the unified judicial system exercising a power or performing a duty under 42 Pa.C.S. § 1721 (relating to delegation of powers), 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.

(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; May 8, 2020, P.L.121, No.18, eff. imd.)

 

2020 Amendment.  Act 18 amended subsec. (b). Section 3(1) of Act 18 provided that the amendment of subsec. (b) shall be retroactive to March 18, 2020.

§ 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.

§ 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.

§ 1309.  Filing applications and consent certificates.

The applications for marriage licenses and consent certificates shall be immediately filed and docketed as public records.

§ 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).

(Official Title)