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Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 3306 (2026)

 Proceedings to determine marital status.

✓ current as of May 2026
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§ 3306.  Proceedings to determine marital status.

When the validity of a marriage is denied or doubted, either or both of the parties to the marriage may bring an action for a declaratory judgment seeking a declaration of the validity or invalidity of the marriage and, upon proof of the validity or invalidity of the marriage, the marriage shall be declared valid or invalid by decree of the court and, unless reversed upon appeal, the declaration shall be conclusive upon all persons concerned.

 

Cross References.  Section 3306 is referred to in section 7541 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1992–2026 · leading case: Vignola v. Vignola, 39 A.3d 390 (Pa. Super. Ct. 2012).
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Vignola v. Vignola, 39 A.3d 390 (Pa. Super. Ct. 2012). · cites it 3× “: Nancy Torres Vignola appeals from the Lehigh County Court of Common Pleas’ order, entered on April 11, 2011, which granted Cort Vignola’s petition for declaratory judgment pursuant to 23 Pa.C.S. § 3306. 1 Nancy Vignola raises the following two issues: (1) whether the court…”
Allegheny Sportsmen's League v. Ridge, 790 A.2d 350 (Pa. Commw. Ct. 2002). · cites it 2× “—Relief shall not be available under this subchapter with respect to any: (1) Action wherein a divorce or annulment of marriage is sought except as provided by 23 Pa.C.S. § 3306 (relating to proceedings to determine marital status).”
In Re: Est. of Carter, S., Appeal of: Hunter, M., 159 A.3d 970 (Pa. Super. Ct. 2017). “*975 23 Pa.C.S. § 3306. This procedure is necessarily retrospective and often difficult, given the absence of a formal ceremony marking the occasion of the marriage.”
Lennitt v. Commonwealth Dep't of Corr., 964 A.2d 37 (Pa. Commw. Ct. 2008). · cites it 2× “Additionally, Respondents contend that Lennitt is not entitled to mandamus relief because he has another available remedy in that he can adjudicate the status of his common-law marriage by using the procedures set forth in Section 3306 of the Divorce Code, 23 Pa.C.S. § 3306,…”
In Re: Est. of J.F. Pancari, Sr., K.D. Gazda v. Scott Twp. Police Pension Fund, 176 A.3d 404 (Pa. Commw. Ct. 2017). · cites it 4× “In support, Gazda cites to Section 3306 of the Divorce Code, 23 Pa. C.S. § 3306, which provides: When the validity of a marriage is denied or doubted, either or both of the parties to the marriage may bring an action for a declaratory judgment seeking a declaration of the…”
Caplan v. Caplan, 713 A.2d 674 (Pa. Super. Ct. 1998). · cites it 3× “Husband filed a petition pursuant to 23 Pa.C.S. § 3306 (Proceedings to determine marital status) to decide the issue, and the trial court determined that the parties have only been married since April 14, 1992.”
Ross v. Policemen's Relief & Pension Fund of the Pittsburgh, 871 A.2d 277 (Pa. Commw. Ct. 2005). · cites it 2× “The questions we are asked to determine are 1) whether the Fund is bound by the declaratory judgment of common law marriage in this matter where it was not a party to the proceeding; 2) whether Section 3306 of the Divorce Code, 23 Pa.”
Mensch v. Mensch, 713 A.2d 690 (Pa. Super. Ct. 1998). “The denial of appellant’s petition to invalidate the parties’ marital settlement agreement does not end the litigation. No decree of divorce has been entered.”
Moser v. Renninger, 40 A.3d 156 (Pa. Super. Ct. 2012). · cites it 2× “In arriving at its decision, the Supreme Court held: The above ... statutory language would suggest that an order in a proceeding brought under that section is a final one and therefore appealable.”
Roberts v. Berryhill, 310 F. Supp. 3d 529 (2018). “" 23 Pa.C.S. § 3306 ; see Ross v. Policemen's Relief & Pension Fund of City of Pittsburgh , 871 A.”
Feather, J. v. Feather, K., 2025 Pa. Super. 256 (Pa. Super. Ct. 2025). · cites it 3× “—Relief shall not be available under this subchapter with respect to any: (1) Action wherein a divorce or annulment of marriage is sought except as provided by 23 Pa.C.S. § 3306 (relating to proceedings to determine marital status).”
Miller, D. v. Brown, K. (Pa. Super. Ct. 2017). · cites it 2× “2 Brown filed the petition pursuant to 23 Pa.C.S. § 3306, which states: (Footnote Continued Next Page) J-A15030-17 The trial court held a hearing on October 25, 2016, at which both parties testified and presented documentary evidence.”
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