Legal Question in Family Law in Pennsylvania

Re: Legality of Law

You asked about a very strange marriage situation.

In the situation you described person #1 and #3 are not married. Because the first marriage was not legally dissolved it was still in effect. Essentially person #1 was trying to be married to two persons. The intent might have nullified the potential criminal charge but it does not affect the the civil aspect: Person #1 and person #3 are not married. Pennsylvania no longer recognizes a common law marriage that was not established before the self uniting marriage act became law.

The next question is what is the status of the relationship and which side are you? If you are A and seeking a divorce and do not wish to pay alimony or share assets I would represent that you are not married and that you did not establish a common law marriage. If you are B seeking a divorce and wanted alimony or assets then I would represent that the marriage was a common law marriage recognized under Pennsylvania law.

If on the other hand you are a happy couple that intends to grow old together then go to your local clerk or prothonotary and file a self uniting marriage certificate. You'll need two witnesses, a copy of the divorce decree, and government issued identification. As soon as the self-uniting certificate is filed you are "married" again. You can go about your lives and celebrate your anniversary twice a year.

I sincerely hope it is the third option. In any case get in touch with me and I can help sort out your situation.

Regards,