{"id":375948,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-annulment-and-prohibited-marriage-laws.html"},"modified":"2022-12-16T16:03:22","modified_gmt":"2022-12-16T21:03:22","slug":"pennsylvania-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Pennsylvania Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
\n \n
\n

Pennsylvania Annulment and Prohibited Marriage Laws<\/h1>\n
\n
\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The regulation of marriage happens at the state level, with laws prohibiting certain types of marriage and determining when a marriage may be annulled (or invalidated). Under Pennsylvania annulment and prohibited marriage laws<\/a>, grounds for annulment include the presence of an undissolved previous marriage and mental incompetence, among others.<\/p>\r\n

A prohibited marriage, on the other hand, is void because the marriage was never lawful. Generally, there’s no need to get an annulment<\/a> or divorce<\/a> in these cases. Commonly prohibited marriages typically include bigamous marriages, when a person tries to marry more than one spouse, or incestuous marriages, when a person tries to marry a relative.<\/p>\r\n

This article provides a brief overview of annulment and prohibited marriages in the state of Pennsylvania.<\/p>\r\n

Pennsylvania Annulment and Prohibited Marriage Laws<\/h2>\r\n

The main provisions of Pennsylvania’s annulment and prohibited marriage laws are listed in the table below, while a brief discussion follows. See FindLaw’s Marriage Law<\/a> section for related articles.<\/p>\r\n\r\n
Grounds for Annulment<\/td>\r\n

When there has been no confirmation by cohabitation after marriage, a marriage shall be deemed void in the following circumstances under 23 Pa. C.S.A. \u00a7 3304<\/a>:<\/p>\r\n

Time Limits for Obtaining Annulment<\/td>\r\n
Prohibited Marriages<\/td>\r\n
Same-Sex Marriages<\/td>\r\nThe U.S. Supreme Court’s decision in Obergefell v. Hodges<\/a> <\/i>(2015) established that bans on same-sex marriages violated the Fourteenth Amendment’s equal protection clause, legalizing same-sex marriages in every state, including Pennsylvania.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Pennsylvania Annulment and Prohibited Marriage Laws: Related Resources<\/h2>\r\n

State statutes regarding the marriage process can be complicated, whether you’re wondering if you can get married or whether your existing marriage is legal to begin with. You can find additional articles and resources in FindLaw’s sections on Annulment<\/a>, Divorce<\/a>, and Pennsylvania Family Laws<\/a>.<\/p>\r\n

Next Steps: Speak to a Family Law Attorney<\/h2>\r\n

An experienced attorney can view the specific facts of your separation and give legal advice using the relevant laws of your state. If you would like to know more about Pennsylvania’s annulment laws or marriage requirements<\/a> and would like to know if you qualify for an annulment or divorce, there are many divorce attorneys<\/a> throughout Pennsylvania who may be able to help.<\/p>\r\n

\n \n Was this helpful?<\/span>\n \n Yes<\/span>\n \n \n \n <\/path>\n <\/g>\n \n \n <\/rect>\n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n \n No<\/span>\n \n \n \n \n <\/g>\n \n \n \n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n <\/div>\n <\/span>\n