Maryland does not recognize common-law marriage. This means that simply living together and presenting yourselves as a married couple does not legally constitute a marriage in the state. To be legally married in Maryland, you must obtain a marriage license and have a legally recognized marriage ceremony. This is a significant distinction and has considerable legal implications for couples who believe they are married under common law.
This lack of common-law marriage recognition can affect numerous areas of your life, including:
- Inheritance: If one partner dies without a will (intestate), the surviving partner won't automatically inherit property as they would in states recognizing common-law marriage.
- Healthcare Decisions: The surviving partner may not automatically have the right to make healthcare decisions for the deceased partner.
- Tax Benefits: Couples in a common-law marriage relationship won't receive the federal and state tax benefits afforded to legally married couples.
- Divorce: Obviously, there's no legal process for divorce, as no legal marriage exists. However, issues of property division may still arise and require legal resolution.
- Child Custody and Support: While a common-law marriage won't affect the legal rights and responsibilities related to children, the lack of legal marriage status can introduce complexities in such matters, especially concerning child support and custody agreements.
What Constitutes a Legal Marriage in Maryland?
In Maryland, a valid marriage requires:
- A marriage license: Obtained from the Maryland Office of the Clerk of the Circuit Court in the county where the ceremony will be performed.
- A marriage ceremony: Performed by an authorized officiant, such as a judge, clergy member, or other designated official. This ceremony must follow the specific legal requirements of the state.
What About Couples Who Believe They Are in a Common-Law Marriage?
Many couples mistakenly believe they are in a common-law marriage, only to discover they aren't when faced with legal issues. If you believe you have a common-law marriage, it's crucial to consult with an experienced Maryland family law attorney. While Maryland doesn't recognize common-law marriages, an attorney can help navigate any related property disputes, child custody issues, or other legal matters that may arise. They can also help you understand your rights and options.
How Does Maryland's Stance on Common-Law Marriage Compare to Other States?
The recognition of common-law marriage varies significantly from state to state. Some states have abolished common-law marriage altogether, while others continue to recognize it for couples who met specific requirements before a certain date. Researching the laws of other states concerning common-law marriage is necessary if you have a connection to another state or jurisdiction.
What are the Benefits of a Legally Recognized Marriage in Maryland?
A legally recognized marriage in Maryland offers significant legal protection and benefits, including, but not limited to, those already mentioned above. It is crucial to remember that a legal marriage grants many rights and protections not available to unmarried couples.
Can I prove a common-law marriage in court?
While proving a common-law marriage in court is impossible in Maryland because it isn't legally recognized, there may be some situations where the court considers cohabitation and representation of a marriage when making decisions about child custody, visitation, or support. However, this is highly fact-dependent, and not a substitute for legal marriage.
Remember, this information is for general guidance only and is not a substitute for legal advice. Consulting with a qualified attorney is crucial to understand your specific legal situation and rights.
