What are the indicators of common law marriage in Pennsylvania?

Full question:

What are the current indicators of common law marriage?

  • Category: Marriage
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, common law marriage was abolished effective January 1, 2005. This change affects only common law marriages entered into after that date. Marriages established before January 1, 2005, remain valid if they can be proven according to the law.

To establish a valid common law marriage, the couple must demonstrate that they declared their intent to be married in front of two witnesses. This can be done by saying something like, "From this date forward, I consider you to be my (husband or wife)." There are no specific words required; the key is to express a present intent to marry.

If a couple cannot provide proof of such a declaration, they may still establish a common law marriage by showing that they presented themselves to the community as husband and wife. Each case is evaluated individually, and there is no one-size-fits-all formula for proving a common law marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The three elements of a common law marriage in Pennsylvania include: 1) mutual consent to enter into a marriage, 2) cohabitation, and 3) presenting themselves to the community as a married couple. It's important to note that these elements must be established before January 1, 2005, as common law marriage was abolished in Pennsylvania after that date.