Legal Question in Family Law in Pennsylvania

Hmmm - I suppose it depends upon why you ask and what your purpose is. Several years ago, Pennsylvania courts decided to no longer recognize common law marriages - but that may beg the question of whether past common law marriages will ever be recognized in present court proceedings. I don't recall off the top of my head what that particular case said, but I imagine the legal proclamation was prospective only.

I would say that if you wish to secure certain benefits under the Divorce Code or, say, property ownership as tenancy-by-the-entireties, then you would want to have a valid marriage "on the books." If you just want to be rid of your long-time partner, however, I think you can do so without the need for a divorce. Interesting question though.

Cary B. Hall, Esquire

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