Marriage generally

Question 1

What is required for a marriage in PA?

Answer 1

A marriage license, prior to its issuance, the person issuing must be satisfied as to the identity of both parties.

Question 2

General rule for application for a marriage license

Answer 2

written & verified application made by both parties intending to marry

Question 3

What must a marriage license contain?

Answer 3

1. Full name of parties
   2.Occupation
   3.birthplace/residence
   4.age
   5.What # marriage is this
   6.statement that no party has a transmittable disease
   7.parent’s information

Question 4

How long until a license can be issued after an application

Answer 4

3 days after, barring special circumstances

Question 5

Who may not be given a marriage licence?

Answer 5

• Minors
• Incompetent persons
• People under the influence
• Relatives up to the 1st cousin*

*Stateute only mentions heterpsexual couplings for incest

Question 6

WHo can solemnize a marriage?

Answer 6

• A justice or judge of the commonwealth (including federal courts)
• Religious organizations as long as one person is a part of that religion

Question 7

Who can bring an action to annul a void or voidable marriage

Answer 7

Either party to the marriage

Question 8

What makes a marriage void?

Answer 8

there is no impediment that can be removed.
* A prior existing spouse
* Parties were related
* incapable of consenting (lacking capacity, not fraud)

Question 9

What makes a marriage voidable?

Answer 9

• either party was under 16, unless the court expressly authorized.
• Either party was 16-17 without consent or guardian or court authorization (within 60 days)
• Either party was under the influence (within 60 days)
• Fraud, duress, coercion, or force

there is an impediment that can be removed