Marriage License Application Information & Procedure

Who Must Apply?

Both individuals to be married must complete the application for marriage. All applicants must be eighteen (18) years of age or older.

Who May Not Marry?

Blood relatives down to and including first cousins MAY NOT marry under the laws of Pennsylvania.  Any individual who has NOT reached the age of eighteen (18).

When to Apply?

The marriage license must be obtained at least three days prior to the marriage ceremony. The three-day waiting period does not start until after your license application is signed and approved in the Clerk of Orphans Court office. The license will expire sixty (60) days after the three-day waiting period.

Where to Apply?

A marriage license may be obtained from the Clerk of Orphans' Court in any county in Pennsylvania. The ceremony need not be performed in the county in which the license was issued; but the ceremony must be performed in the state of Pennsylvania.

Fees

The fee for a marriage license varies from county to county. The fee in Elk County is currently $40.  We accept cash or check; and credit cards that will include a nominal processing fee charged by the vendor.

Requirements

You will need the following Identification:

• As of January 1st, 1998, you must give your Social Security Number.
• Photo Identification: Driver's License, Non-Driver Photo ID, or Passport are accepted.
• Divorce Decree and Notice to Resume Prior Surname (if applicable)
• When original documentation is written in a foreign language, a notarized translation must also be submitted.

Which marriage license is appropriate for you?

This office offers two types of marriage licenses:

1. The traditional marriage license wherein your marriage ceremony is conducted by an officiant (religious service or civil service) as authorized by Pennsylvania Title 23 §1503.
2. A self-uniting marriage license (also known as a Quaker license) wherein no officiant is present. For this license, the marrying couple exchange their vows intending to be wed in front of two witnesses; and the couple and their witnesses then sign the license.

When applying for your license, please inform the Clerk of Orphans Court office which license type you would like to use.   The application process is the same for both, however the license itself is different.

Marriage Application Procedure

The application process involves several steps.  The collection of applicant information including their parent’s information.  This can be completed in the Clerk of Orphans Court office or you can complete this information online.

If you choose to complete this portion of the application online, follow this link:  ONLINE MARRIAGE APPLICATION and then click on the MARRIAGE APPLICATION box.  

Information Regarding Officiants / Who Can Perform Marriage Ceremonies

Pennsylvania Title 23 §1503. Persons qualified to solemnize marriages.

• General rule.-The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part:

• A justice, judge or magisterial district justice of this Commonwealth.
• A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria:

• has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office;
• has not been defeated for reelection or retention;
• has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
• has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board;
• has not been removed from office by the Court of Judicial Discipline; and
• is a resident of this Commonwealth.
• An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.
  •  An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth.
• An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.
• A mayor of any city or borough of this Commonwealth.
  • A former mayor of a city or borough of this Commonwealth who:
    • has not been defeated for reelection;
    • has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense uder the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
    • has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies.
    • has served as a mayor, whether continuously or not, by electio for an aggregate of a full term in office; and
    • is a resident of this Commonwealth.
• A minister, priest or rabbi of any regularly established church or congregation.
• Religious organizations. - Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization.
• Marriage license needed to officiate.-No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.

Applicants are advised that choosing to be married by someone other than the officiants authorized by Pennsylvania Title 23 §1503, and any issues arise regarding the validity of their marriage, the burden of proof regarding the legality of said marriage will be upon the couple. This office will not determine what is or is not a church or congregation.

Name Change after Marriage

For individuals who plan to change their name after marrying, you can obtain certified copies of your Marriage License from the office of the Clerk of Orphans’ Court.  Each copy is $5.00.  You can pick them up in person, or you can request that they be mailed to you (for mailing we will add 50 cents to cover postage).  We currently accept cash or check; and in the near future we will be adding credit/debit card payments.  You’ll then use the certified marriage license copy as proof to change your name as needed (driver’s license, social security card, passport, etc.).

Here are some helpful addresses and web links to assist you when you need to change your name following marriage: