Maryland, like many other states, once recognized common-law marriages, but that's no longer the case. Understanding the nuances of this legal concept is crucial for anyone considering a marriage in Maryland, or for those who believe they might be in a common-law marriage. This guide will clarify the current legal standing of common-law marriage in Maryland and address common questions.
Is Common-Law Marriage Legal in Maryland?
No. Maryland abolished common-law marriages in 1939. This means that couples cannot enter into a valid marriage without obtaining a marriage license and having a legally recognized ceremony. Any relationship considered a "common-law marriage" before 1939 might be legally recognized for certain purposes (like property division in a divorce), but establishing that a common-law marriage existed before this date can be a complex legal process requiring strong evidence.
What Constitutes a Common-Law Marriage (Historically)?
While not currently valid in Maryland, understanding the historical definition helps clarify the situation. Previously, a common-law marriage, sometimes called an informal marriage, required three elements:
- Cohabitation: The couple must have lived together as husband and wife.
- Agreement: Both parties must have agreed to be married. This agreement didn't need to be formal; it could be implied through actions and behavior.
- Representation to the Public: The couple must have represented themselves to the public as husband and wife. This could involve using the same last name, filing joint tax returns, or introducing each other as spouses.
It is critically important to remember that these elements, even if met, do not create a valid marriage in Maryland today.
What if a Couple Lived Together for Many Years and Believed They Were Married?
Even a long-term relationship with cohabitation and public representation as a married couple does not legally constitute a marriage in Maryland. Only a legally obtained marriage license and a ceremony performed by an authorized officiant create a valid marriage under Maryland law. If a couple wants to be legally married, they must follow the proper legal procedures.
How Can I Legally Get Married in Maryland?
To get legally married in Maryland, couples must obtain a marriage license from the Clerk of the Circuit Court in the county where at least one of the parties resides. The license must be presented to an authorized officiant—such as a judge, clergyman, or justice of the peace—who will then perform the marriage ceremony. After the ceremony, the officiant will sign the license, which is then returned to the Clerk's office.
How is Property Divided After the Death of a Partner in a Long-Term Relationship?
The division of property after the death of a partner in a long-term, unmarried relationship is determined by Maryland's intestacy laws (laws that govern the distribution of property when someone dies without a will). These laws generally prioritize blood relatives. A long-term partner would not automatically inherit assets. A will can, however, specifically bequeath assets to a partner regardless of their marital status. It’s crucial to have a will to ensure the intended distribution of assets.
Can a Common-Law Marriage from Another State Be Recognized in Maryland?
Maryland recognizes valid marriages from other states. However, if the marriage was established as a common-law marriage, Maryland will only recognize it if the common-law marriage was validly entered into in the state where it originated and if that state still allows common-law marriages.
In conclusion, while the concept of common-law marriage is historically relevant, it is not a valid way to get married in Maryland today. Understanding this legal distinction is crucial for ensuring your relationship has the legal recognition and protections that come with a formally recognized marriage. For further legal guidance, consult with a Maryland family law attorney.
