Family Law AdvisorŪ
Articles

In 2003 the Commonwealth Court of Pennsylvania issued the PNC Bank v. Stamos decision which some people believe abolished common law marriage in Pennsylvania. While there is not great clarity on whether people who have attempted to enter into common law marriage since Stamos have been successful, we believe that properly entered into common law marriages before Stamos may be held valid.

In the divorce context, where both parties are alive and going through a divorce, there is only one way to properly establish a common law marriage. In order to do so, a party must prove, by clear and convincing evidence, that the parties declared to each other a present intent to be married at some point in time. Once sufficiently proven, no other proof is necessary.

If, on the other hand, once party is deceased (such as in the context of a will contest, for example), it will not be possible to prove the present intent language. In those cases, cohabitation and reputation that you are married are important. However, in the divorce context, proof of present intent to be married is all that is required. It is terribly difficult to prove common law marriage in Pennsylvania. The preferred type of marriage is obviously the ceremonial marriage with a government issued marriage certificate.

-- Lee A. Schwartz, Attorney at law