§ 1306. Oral examination.

305 words·~1 min read·/pa/title-23/chapter-13/1306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to:

(1)The legality of the contemplated marriage.

(2)Any prior marriage or marriages and its or their dissolution.

(3)The restrictions set forth in section 1304 (relating to restrictions on issuance of license).

(4)All the information required to be furnished on the application for license as prepared and approved by the department.

(b)Exception.-- If an applicant is unable to appear in person because of his active military service or because the office of the register of wills is closed due to a state of disaster emergency declared by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or a declaration of judicial emergency under Article V of the Constitution of Pennsylvania, a law of this Commonwealth, a rule of court or other judicial order by the Supreme Court or any agency or unit of the unified judicial system exercising a power or performing a duty under 42 Pa.C.S. § 1721 (relating to delegation of powers), the applicant shall be permitted to forward an affidavit, which verifies all of the information required under subsection (a), to the issuing authority.

(c)Form.-- The department shall develop and make available affidavit forms to be used by applicants under subsection (b).

(d)Definition.-- As used in this section, the term "active military service" means active service in any of the armed services or forces of the United States or this Commonwealth.

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(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; May 8, 2020, P.L.121, No.18, eff. imd.)

2020 Amendment. Act 18 amended subsec. (b). Section 3(1) of Act 18 provided that the amendment of subsec.

(b)shall be retroactive to March 18, 2020.

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