Does Maryland Have Common Law Marriage?
The short answer is no, Maryland does not recognize common-law marriage. This means that simply living together and presenting yourselves as married to friends, family, or the community doesn't legally constitute a marriage in the state of Maryland. To be legally married in Maryland, you must obtain a marriage license and have a legally recognized ceremony.
This can be confusing, as many states do recognize common-law marriage, leading to questions about how to prove a marriage and what rights are afforded to couples who believe they are in such a relationship. Let's delve deeper into the nuances of this issue and answer some frequently asked questions.
What Constitutes a Legal Marriage in Maryland?
A legal marriage in Maryland requires obtaining a marriage license from the Maryland Office of the Clerk of the Circuit Court in the county where you or your partner resides. Once you have a license, you must have your marriage solemnized by an authorized officiant, such as a judge, clergy member, or other authorized person. After the ceremony, the officiant files a marriage certificate with the Clerkâs Office. This certificate is your legal proof of marriage.
If Maryland Doesn't Recognize Common-Law Marriage, What About Couples Who Believe They Are Married?
This is a crucial point. Many couples who have lived together for an extended period and held themselves out to others as married may believe they are legally married, even if they never formally obtained a license or had a ceremony. However, in Maryland, this belief does not create a legally recognized marriage. This is particularly important for issues such as:
- Inheritance: Without a legally recognized marriage, inheritance rights may not be the same as a formally married couple.
- Healthcare Decisions: A spouse typically has the right to make medical decisions for their partner. Without a legally recognized marriage, this right may not be automatically granted.
- Divorce: There is no divorce process for a relationship that was not legally a marriage to begin with.
- Child Support and Custody: While unmarried couples can establish parental rights, the legal framework differs significantly from that of married couples.
- Taxes: Filing jointly on taxes requires a legally recognized marriage.
What if a Couple Lived Together for Many Years and Presented Themselves as Married?
The length of time a couple lives together and how they present themselves to others is irrelevant to the legal status of their relationship in Maryland. The state only recognizes marriages that have been legally solemnized with a license and ceremony. Claims of common-law marriage will not be recognized by Maryland courts.
Can I Prove a Common-Law Marriage in Maryland?
No. Maryland courts consistently reject claims of common-law marriage. There is no legal path to establish such a marriage in the state.
What About Couples Who Were Married in a State That Recognizes Common-Law Marriage?
If a couple was legally married in a state that recognizes common-law marriage and then moved to Maryland, their marriage will be recognized in Maryland. However, this is different from establishing a common-law marriage within Maryland.
This information is for general informational purposes only, and does not constitute legal advice. If you have specific questions about your relationship status or legal rights, it is crucial to consult with a qualified Maryland attorney. They can provide personalized guidance based on your circumstances.
