Pennsylvania court abolishes common-law marriage

One of the 11 remaining states to still honor common-law marriages has abolished this martial status.


PHILADELPHIA (AP) — Tossing aside centuries of tradition, a Pennsylvania appeals court abolished common-law marriages, saying it is no longer necessary to give longtime live-in couples the benefits of marriage without a license.

By a 5-2 vote, the Commonwealth Court said recognizing such unions has created an impossible situation for third parties trying to determine whether a person is married or single.

“Many sound reasons exist to abandon a system that allows the determination of important rights to rest on evidence fraught with inconsistencies, ambiguities and vagaries,” Judge Bonnie Brigance Leadbetter wrote in a decision filed Wednesday.

She added that the circumstances that created a need for common-law marriage — namely, the potential unavailability of a preacher in colonial times and the dependence of women on men for support — have dissipated.

[Full Story @ USATODAY.com ]

Source: USA Today

8 Responses to “Pennsylvania court abolishes common-law marriage”

  1. Thank you God and Pennsylvania for overturning this law. It may save my life!

  2. It’s more of a hit then anything, and a violation of Commonlaw itself… Commonlaw was not designed as said in the article… Commonlaw exists “to define by law, those ideas and rights that existed prior to government” INCLUDING marriage… simple fact is, regardless of this rulling, Commonlaw marriage still exists, and none of those judiciates had any right or power to declare what they did.

  3. Anyone who participated in a government sanctioned marrage is in essence committing polygamy anyway, since the state becomes a party of the marriage… Marriage is a God-given right an institution to His children, and the government has no authority of power divested into it to license rights….. Next thing you know, they will be requiring a license for us to live…

  4. I do not agree with the state…I do not think that someone needs a minister or a Justice of the Peace to be married….this is between the two people envolved and whatever religion they are…it is not an area the government needs to be in nor should be…so in order for me to be married now i need a piece of paper by an ordained minister or a J.P. this just is not right….

  5. To quote “myopinion.. this is between the two people envolved and whatever religion they areit is not an area the government needs to be in nor should beso in order for me to be married now i need a piece of paper by an ordained minister or a J.P. this just is not right.”

    Now I would like for you to look at the current state of marriage in this country. Commonlaw as you stated it, would allow for ANY couple man/man and woman/woman even to be married. I challenge you to be specific with your emotions and state what you really mean instead of lashing out.

  6. i’ve been with my love for over 9 years we love the way we live now without marriage for me it’s the same.His family don’t bother with him but my family adore him.I wouldn’t think they should have any rights to anything when it comes to him since they don’t bother with him anyway.It was only because i’m puerto rican and he’s dominican which love don’t have a race.but life is like that.i’ve been with him through thick and thin and everyday i love him more we just don’t want to get married right now.the law don’t have a right to vote common law out cause we share everything a married couple does.whats the difference?

  7. If marriage is only a piece of paper, what is the big deal about gettiing a piece of paper. After all, isn’t that what most common-law “marriages” are hiding from or trying to procure. . . money???

  8. Actually, Pennsylvania was one of the twelve (not eleven) States that recognized common-law marriages, if you count New Hampshire, which recognizes them only posthumously, for purposes of inheritance. See:

    http://family.findlaw.com/marriage/living-together/common-law-states.html

    http://family.findlaw.com/marriage/living-together/common-law-states(1).html

    http://straylight.law.cornell.edu/topics/Table_Marriage.htm

    -Dave Burton

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