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Can I make my common law marriage legal with a back dated marriage license?

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shauns_bride

Junior Member
What is the name of your state? Pennsylvania
My fiance' and I are common-law married. I have no question about that. My question is can we make our coomon law marriage legal with a marriage license with the date we entered into common law marriage? We have a document signed by both of us(not notarized) stating that we consider ourselves to be married and that we intend to legally marry some day. Can we get a marriage license dated with the date of this document or do we have to get a marriage license and go with the new date? Would we then only have been considered married from this point on or do the years of the common law marriage get added to the date on the marriage license?
 
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JETX

Senior Member
shauns_bride said:
What is the name of your state? Pennsylvania
My fiance' and I are common-law married. I have no question about that. My question is can we make our coomon law marriage legal with a marriage license with the date we entered into common law marriage? We have a document signed by both of us(not notarized) stating that we consider ourselves to be married and that we intend to legally marry some day. Can we get a marriage license dated with the date of this document or do we have to get a marriage license and go with the new date? Would we then only have been considered married from this point on or do the years of the common law marriage get added to the date on the marriage license?
No. You cannot backdate a marriage license. Your legal marriage date will be as shown on the license... but you can certainly celebrate any anniversary date you want.

However, there may be a problem, as PA outlawed common law marriages in Sept 2003 by a court:
http://www.divorcesource.com/PA/ARTICLES/lefkowitz3.html

And by statute:
http://www.divorcenet.com/states/pennsylvania/pa_art08
 

shauns_bride

Junior Member
What the legislation in Sept. 2003 did was made it so common law marriages could no longer be established but any common law marriage established before Sept 2003 would still be honored. Then it was also ruled that the court that made this decision didn't have the authority to do so and that law didn't hold up. Now Gov. Rendell just re-established the law and no common law marriages may be established after January 1, 2005. I knew this much but didn't know if I could use my common-law marriage date on my marriage certificate or not.
 

rmet4nzkx

Senior Member
shauns_bride said:
What the legislation in Sept. 2003 did was made it so common law marriages could no longer be established but any common law marriage established before Sept 2003 would still be honored. Then it was also ruled that the court that made this decision didn't have the authority to do so and that law didn't hold up. Now Gov. Rendell just re-established the law and no common law marriages may be established after January 1, 2005. I knew this much but didn't know if I could use my common-law marriage date on my marriage certificate or not.
What you say is true, so if your common law marriage was established prior to 1-1-5 you are married for however long, if and or when you formalize your marriage that will be dated with the current but you can still claim your actual years of marriage when needed.
 

JETX

Senior Member
shauns_bride said:
any common law marriage established before Sept 2003 would still be honored.
Just to clarify.... any VALID common law marriage (must meet certain criteria) that was established prior to 01/01/05 will LIKELY be honored, but is subject to review.

I knew this much but didn't know if I could use my common-law marriage date on my marriage certificate or not.
It cannot.
 

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