Getting Married in Pennsylvania: Legal Guide for Couples
Getting married in Pennsylvania requires couples to obtain a marriage license from a county Register of Wills office, which becomes valid after a 3-day waiting period and remains valid for 60 days. Pennsylvania does not require blood tests or residency requirements, but both parties must appear in person with valid identification and pay the applicable fee.
Marriage creates significant legal rights and responsibilities including changes to property ownership, inheritance rights, and tax filing status. Understanding Pennsylvania's specific marriage laws before your wedding day can help ensure your union begins on solid legal footing.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In Pennsylvania, couples must apply for a marriage license at their county's Register of Wills or Marriage License Bureau. Both parties must appear in person, provide proof of identity (valid photo ID), and pay a fee (typically $50-$100). There is a mandatory 3-day waiting period after application before the license is issued, and the license is valid for 60 days after issuance.
Age Requirements
Pennsylvania law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 may marry with parental consent. Anyone under 16 cannot marry in Pennsylvania, as the state eliminated all exceptions for those under 16 with Act 18 of 2020.
Solemnization Requirements
Pennsylvania recognizes marriages performed by judges, mayors, ministers, priests, rabbis, and other religious officials. The state also allows self-uniting marriages (Quaker marriages) where no third-party officiant is required. After the ceremony, the officiant must complete the marriage certificate and return it to the county office within 10 days.
Name Change After Marriage
Pennsylvania allows either spouse to change their surname after marriage by using their marriage certificate as legal documentation. Options include taking a spouse's surname, hyphenating surnames, or creating a new surname. The marriage certificate serves as proof for updating identification documents like driver's licenses and Social Security cards.
Premarital Agreements
Pennsylvania recognizes premarital agreements (prenuptial contracts) under the Uniform Premarital Agreement Act. These agreements must be in writing and signed by both parties to be enforceable. They can address property division, spousal support, and other financial matters in case of divorce, but cannot determine child custody or support in advance.
Regional Variances
Major Cities in Pennsylvania
Philadelphia has its own Marriage License Bureau located at City Hall, Room 413. The waiting period is still 3 days as per state law, but Philadelphia specifically requires both parties to appear in person when applying. They also have unique local fees ($90 total as of 2023) and may require proof of divorce or death certificate if previously married. Self-uniting licenses (Quaker marriages) are explicitly available in Philadelphia with no additional requirements beyond the standard state process.
In Pittsburgh (Allegheny County), marriage licenses are issued by the Allegheny County Marriage License Bureau. While following state laws, they have specific local fees ($80 as of 2023) and their own documentation requirements. Pittsburgh allows for virtual marriage license applications (implemented during COVID-19 and continued), which differs from some other counties that require in-person applications. Self-uniting licenses are available but may require additional documentation showing religious affiliation.
In Harrisburg (Dauphin County), marriage licenses are processed through the Register of Wills office. They strictly enforce the state's 3-day waiting period with very few exceptions. Dauphin County has specific local fees ($55 as of 2023) and requires both applicants to appear in person with valid ID. Self-uniting licenses are available but the county may require a statement explaining the reason for choosing this option.
Rural Counties in Pennsylvania
Lancaster County is known for its large Amish population and has specific accommodations for religious marriages. The county explicitly recognizes self-uniting licenses without requiring religious affiliation documentation (which some other counties may request). Marriage licenses are issued through the Register of Wills office with a fee of $60. The county strictly adheres to the 3-day waiting period but may have more flexible hours to accommodate the rural population.
Centre County (home to Penn State University) has specific procedures for student marriages, including extended hours during certain periods and acceptance of student IDs as valid identification. The county charges $60 for marriage licenses and follows the state's 3-day waiting period. They may have more limited office hours than urban counties, so advance planning is recommended.
Pike County, located on the border with New York and New Jersey, has specific procedures for out-of-state couples. They require additional verification for non-Pennsylvania residents and charge $80 for marriage licenses. The county strictly enforces documentation requirements and may have more limited office hours than urban counties. Self-uniting licenses are available but the county requires a notarized affidavit explaining the reason for choosing this option.
Suggested Compliance Checklist
Apply for a Marriage License
60-90 days before wedding days after startingIn Pennsylvania, both parties must appear in person at the county Register of Wills or Marriage License Bureau to apply for a marriage license. You'll need to bring valid photo ID, Social Security numbers, and pay a fee (typically $50-80, varies by county). If previously married, bring divorce decree or death certificate. There is a 3-day waiting period after application before you can receive your license, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Pennsylvania, prenups must be in writing, signed by both parties, and executed before marriage. For validity, there must be full financial disclosure, no coercion, and ideally each party should have independent legal counsel. Allow sufficient time before the wedding to negotiate and finalize this document to avoid claims of duress.
Update or Create a Will
30 days after wedding days after startingMarriage automatically changes inheritance rights in Pennsylvania. Without a will, your spouse is entitled to the first $30,000 of your estate plus half of the remaining assets if you have children together, or all of your estate if you have no descendants. Create or update your will to reflect your wishes regarding asset distribution, guardianship of minor children, and executor appointment.
Create a Healthcare Power of Attorney
30 days after wedding days after startingThis document designates someone (typically your spouse) to make medical decisions if you become incapacitated. In Pennsylvania, this document must be signed, dated, and witnessed by two adults. It should include specific instructions about your healthcare preferences and can be combined with a living will (advance healthcare directive).
Establish a Durable Power of Attorney
30 days after wedding days after startingThis authorizes your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Pennsylvania, a power of attorney must be signed, dated, and acknowledged before a notary public. As of 2014, Pennsylvania requires specific notice language and acknowledgment forms to be included.
Update Beneficiary Designation Forms
30 days after wedding days after startingMarriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or transfer-on-death accounts. Review and update all beneficiary designations to include your spouse if desired. These designations typically override will provisions, so consistency is important.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse is changing their name, you'll need your marriage certificate to update your name with the Social Security Administration first, then with PennDOT for your driver's license. In Pennsylvania, you can indicate your intended name change on the marriage license application. For other documents like passports, professional licenses, and financial accounts, you'll need to contact each institution with your marriage certificate.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Pennsylvania, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or your insurance provider directly to obtain and submit the necessary forms.
Consider Joint Financial Accounts
60 days after wedding days after startingWhile not legally required, many couples choose to establish joint bank accounts after marriage. In Pennsylvania, joint accounts are typically held as tenants by the entirety, providing protection from creditors of just one spouse. Decide which accounts to combine and which to keep separate based on your financial situation and preferences.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your situation. If you're changing your name, ensure your name is updated with the Social Security Administration before filing taxes to avoid processing delays.
Review and Update Property Titles
90 days after wedding days after startingFor real estate owned before marriage, consider whether to add your spouse to the deed. In Pennsylvania, married couples typically hold property as tenants by the entirety, which offers protection from creditors. This requires filing a new deed with the county recorder's office. For vehicles, contact PennDOT to update titles if desired.
Notify Creditors and Update Address Information
30 days after wedding days after startingIf either spouse is relocating, update your address with USPS, financial institutions, insurance companies, and other important contacts. While Pennsylvania doesn't automatically make spouses responsible for each other's pre-marital debts, it's important to communicate about existing financial obligations.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Pennsylvania, both parties must appear in person at the county Register of Wills or Marriage License Bureau to apply for a marriage license. You'll need to bring valid photo ID, Social Security numbers, and pay a fee (typically $50-80, varies by county). If previously married, bring divorce decree or death certificate. There is a 3-day waiting period after application before you can receive your license, and the license is valid for 60 days after issuance. | - | 60-90 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Pennsylvania, prenups must be in writing, signed by both parties, and executed before marriage. For validity, there must be full financial disclosure, no coercion, and ideally each party should have independent legal counsel. Allow sufficient time before the wedding to negotiate and finalize this document to avoid claims of duress. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes inheritance rights in Pennsylvania. Without a will, your spouse is entitled to the first $30,000 of your estate plus half of the remaining assets if you have children together, or all of your estate if you have no descendants. Create or update your will to reflect your wishes regarding asset distribution, guardianship of minor children, and executor appointment. | Updated Will | 30 days after wedding |
| Create a Healthcare Power of Attorney | This document designates someone (typically your spouse) to make medical decisions if you become incapacitated. In Pennsylvania, this document must be signed, dated, and witnessed by two adults. It should include specific instructions about your healthcare preferences and can be combined with a living will (advance healthcare directive). | Healthcare Power of Attorney | 30 days after wedding |
| Establish a Durable Power of Attorney | This authorizes your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Pennsylvania, a power of attorney must be signed, dated, and acknowledged before a notary public. As of 2014, Pennsylvania requires specific notice language and acknowledgment forms to be included. | Durable Power of Attorney | 30 days after wedding |
| Update Beneficiary Designation Forms | Marriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or transfer-on-death accounts. Review and update all beneficiary designations to include your spouse if desired. These designations typically override will provisions, so consistency is important. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse is changing their name, you'll need your marriage certificate to update your name with the Social Security Administration first, then with PennDOT for your driver's license. In Pennsylvania, you can indicate your intended name change on the marriage license application. For other documents like passports, professional licenses, and financial accounts, you'll need to contact each institution with your marriage certificate. | Name Change Application | 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Pennsylvania, you typically have 30 days from your wedding date to make these changes. Contact your employer's HR department or your insurance provider directly to obtain and submit the necessary forms. | Health Insurance Coverage Change Form | 30 days after wedding |
| Consider Joint Financial Accounts | While not legally required, many couples choose to establish joint bank accounts after marriage. In Pennsylvania, joint accounts are typically held as tenants by the entirety, providing protection from creditors of just one spouse. Decide which accounts to combine and which to keep separate based on your financial situation and preferences. | Joint Bank Account Application | 60 days after wedding |
| Update Tax Filing Status | Your marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your situation. If you're changing your name, ensure your name is updated with the Social Security Administration before filing taxes to avoid processing delays. | - | By next tax filing deadline |
| Review and Update Property Titles | For real estate owned before marriage, consider whether to add your spouse to the deed. In Pennsylvania, married couples typically hold property as tenants by the entirety, which offers protection from creditors. This requires filing a new deed with the county recorder's office. For vehicles, contact PennDOT to update titles if desired. | - | 90 days after wedding |
| Notify Creditors and Update Address Information | If either spouse is relocating, update your address with USPS, financial institutions, insurance companies, and other important contacts. While Pennsylvania doesn't automatically make spouses responsible for each other's pre-marital debts, it's important to communicate about existing financial obligations. | - | 30 days after wedding |
Frequently Asked Questions
In Pennsylvania, you need to obtain a marriage license from any county Register of Wills office, which is valid for 60 days. Both parties must appear in person with valid ID (driver's license, passport, etc.) and pay a fee (typically $50-$100, varying by county). There is a 3-day waiting period after applying before you can use the license. No blood tests are required. You must be at least 18 years old to marry without parental consent; those 16-17 need consent from a parent or guardian. The marriage must be solemnized by an authorized person such as a judge, mayor, or religious minister.
Yes, Pennsylvania is one of the few states that allows self-uniting marriages (sometimes called Quaker marriages). This option allows couples to marry without an officiant. You'll need to specifically request a self-uniting marriage license when applying. Both parties and two witnesses (18 or older) must sign the marriage certificate. Some counties may require you to affirm that you're requesting this license for religious or conscientious reasons, though this requirement has been successfully challenged in court.
No, Pennsylvania does not require premarital counseling to obtain a marriage license. However, some religious organizations may require counseling if you plan to marry in their facility or have their clergy officiate. Additionally, couples who complete premarital counseling may receive a discount on their marriage license fee in some counties, so it's worth asking about this when applying.
Pennsylvania is not a community property state but follows equitable distribution laws. This means that property acquired during marriage is considered marital property regardless of whose name is on the title, with some exceptions for inheritances and gifts. If you later divorce, marital property would be divided equitably (fairly but not necessarily equally). If you want different arrangements, consider a prenuptial agreement that clearly outlines property rights before marriage.
Pennsylvania abolished common law marriages entered into after January 1, 2005. However, common law marriages established in Pennsylvania before that date are still legally valid. If you believe you have a common law marriage from before 2005, you may need legal documentation to prove it, which can be complex. For couples living together now without a formal marriage ceremony, Pennsylvania law does not recognize your relationship as a marriage regardless of how long you've been together.
Yes, same-sex marriage has been legal in Pennsylvania since May 20, 2014, following the federal court decision in Whitewood v. Wolf. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples. All counties in Pennsylvania must issue marriage licenses to same-sex couples, and all the same legal requirements and benefits apply equally.
No, you are not legally required to change your name after marriage in Pennsylvania. However, if you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, PennDOT for your driver's license, and other institutions. Either spouse can take the other's last name, keep their original name, hyphenate, or create a new combined name.
A divorce ends a valid marriage, while an annulment declares that a valid marriage never existed. In Pennsylvania, grounds for annulment include one spouse being under 18 without proper consent, either party being unable to consent due to mental incapacity, fraud or misrepresentation, marriage under duress, or either party being physically unable to consummate the marriage. Annulments are generally harder to obtain than divorces and have specific time limitations for filing. Unlike some religious annulments, a civil annulment does not affect the legitimacy of children.