ANSWER:
YES. Well, on the other and, maybe. Much depends on what you and "spouse" did (or did not do) prior to January 1, 2005. Let me explain.......

Effective January 1, 2005, by legislative action, Common Law Marriage was abolished in Pennsylvania. This law applies only to common law marriages entered into on and after January 1, 2005. As to all common law marriages properly entered into before January 1, 2005, these "marriages" will remain valid if they can be proven to be valid as required by law. And under Pennsylvania law, this can be a bit tricky.

In order for a common law marriage to be found to be valid under Pennsylvania law, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: "From this date forward, I consider you to be my [wife] [husband]." There are no "magic words"; they only need to convey a present tense intent to be married. In essence, common law marriage under Pennsylvania law refers to simply an alternative method for getting married (but without a license).

Neither consummation of the marriage nor Cohabitation is required. However, if one party claims the vows were made and the other party denies this, the court will look at how the parties conducted their lives. Did they live together? Did they introduce themselves to others as husband and wife? How did they file their taxes? The purpose of this inquiry is to help determine which party is telling the truth about the vows. If there is no claim that words of present intent were exchanged, there is no marriage no matter how long and how consistently the parties acted as if they were husband and wife.

As you can see, common law marriage under Pennsylvania law is fraught with problems. If you want to be considered married, it is generally best to get a Marriage License and have a proper ceremony. And it is never too late to do this. Otherwise, you may think you are married, but what you think may not be legally correct. It is ultimately up to a judge to decide. But if you have a license and a ceremony, then there is no question about it.

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