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Pennsylvania Annulment and Prohibited Marriage Laws

The regulation of marriage happens at the state level, with laws prohibiting certain types of marriage and determining when a marriage may be annulled (or invalidated). Under Pennsylvania annulment and prohibited marriage laws, grounds for annulment include the presence of an undissolved previous marriage and mental incompetence, among others. Also, Pennsylvania law prohibits marriage between members of the same sex.

The main provisions of Pennsylvania's annulment and prohibited marriage laws are listed in the table below. See FindLaw's Marriage Law section for related articles.

Code Section Tit. 23 §§1304, 1704, 3304-3305, 5102
Grounds for Annulment Previous marriage undissolved; within consanguinity lines prohibited; lacked capacity by insanity or serious mental disorder or did not intend to consent; underage
Time Limits for Obtaining Annulment Underage or under the influence: Within 60 days of marriage; incestuous: before death
Legitimacy of Children Pennsylvania no longer recognizes status of being illegitimate (i.e., "all children legitimate irrespective of marital status of parents")
Prohibited Marriages Between ancestor and descendant, aunt and nephew, brother and sister, uncle and niece, first cousins, bigamous, same sex; one party is weak-minded, unsound mind, or under influence of alcohol or drugs; induced by fraud or duress; impotence

Note: State laws are constantly changing -- please contact a Pennsylvania family law attorney or conduct your own legal research to verify the state law(s) you are researching.

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