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Last page edit 02/01/08
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Marriage in Maryland Source: With two exceptions, this section was based upon a
1998 Women’s Law Center publication entitled, ”Legal Rights in Marriage
and Divorce” and was last updated by the Maryland Legal Assistance Network
in January 2001. The sections on Common Law Marriages and
Separation Agreements are drawn from the same booklet in the most recent
version produced by and available from the Women’s Law Center
and was updated on 11-29-00. Married persons are generally regarded by the courts as
parties to a contract. This contract can be validly entered into (or
dissolved)only by following the laws designed to protect Maryland’s
interest in preserving the unity and stability of the family. The law presumes that a husband and wife will respect each other’s person and live together happily and peacefully. Marital differences, for the most part, are private matters between the parties and will not be interfered with by the courts. A notable exception is in the event of violence in the family.
See the Library section on Domestic Violence. |
TOPICS: Breach of Promise to Marry |
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In Maryland, you cannot sue a fiancé for “breach of promise to marry” except if you are pregnant. Md. Code Ann. Family Law § 3-102. To marry without parental consent, a person must be at least 18 years old. However, if both parties are 16 years old or over and a physician certifies that the female is pregnant or has given birth to a child, the parties may marry without parental consent. When either the male or female or both is under 16 years of age, marriage is permitted only with parental consent and a physician’s certification that the female is pregnant or has given birth. Marriage is prohibited between a person and his or her
Marriage is prohibited between persons of the same sex under
Maryland law. In order to marry again while a first spouse is alive, an
individual must receive an annulment or an
absolute divorce. Marrying a second time after failing to end a first marriage may result in prosecution and imprisonment for bigamy. Under Maryland Rule 9-209, a conviction of bigamy serves as an annulment of the later marriage. A marriage by proxy is also prohibited.
Both parties must be present and participate in the ceremony. Prior to any marriage ceremony, a license must be obtained from the clerk of Circuit Court for the county, or Baltimore City, where the marriage will be performed. Either party may apply for a license in person at the clerk’s office, except in Cecil County where both must apply together. If either party has been married previously, the clerk must be told the date (day, month, year) and place of the former spouse’s death or of any annulment or divorce decree. From the time of the application, an applicant must wait 48
hours before he or she can pick up the license. There is a license fee.
Affixed to the license will be a certificate of marriage to be
completed by the person performing the ceremony. During the 48-hour waiting period, no marriage ceremony may
be held unless special permission is given by a judge (usually for reasons of
military service or pregnancy). A
license is valid for six months. A license merely authorizes the performance
of the marriage. It does not
determine the manner in which a ceremony is to be conducted nor interfere with
the rules and customs of any religious group. In Maryland, there is no legal requirement for a blood test
or other medical examination. Source: Md. Code Ann. Family Law Article Upon presentation of a license, the rites of marriages may be performed by any minister, or official or other member of a religious groups so authorized by the rules and customs of the group, or for a fee, by any clerk or designated deputy clerk of the Circuit Court of any county or Baltimore City. After the ceremony, the person who performed the ceremony returns the certificate of marriage, signed by the official and two witnesses, to the clerk of the court issuing the license to be recorded in the county or city records. Copies of the certificate are available from the clerk’s office. A marriage that does not comply with the rules listed above
is considered unlawful. The fact that a marriage is considered unlawful does
not automatically mean that the marriage is invalid (or “void”).
For example, although a person who performs a marriage ceremony for a
couple without a license may be fined, the marriage itself is valid.
A marriage is also valid if (unknown to the couple) a person without
authority performs the ceremony. An unlawful marriage only becomes invalid (or “void” ) as the result of a court action started by the couple or by the state. See the section on Annulment of a marriage. This is a court process designed to recognize that a marriage is void. Maryland does not allow the creation of a “common
law” marriage, a relationship in which a couple lives together but have not
participated in a lawful ceremony. Unlike some other states, in Maryland a
couple cannot acquire marital rights and responsibilities by living together
for a particular period of time. You do not need legal action to end such a
relationship, if it was created in Maryland. However, Maryland does recognize as valid, common law
marriages created in other states if the legal requirements of those states
have been met. As a result, legal action is needed to dissolve legal “common
law” marriages performed in other states and foreign countries in compliance
with their licensing and ceremonial regulations. The courts are available for
determining the rights of parties now living in Maryland. As long as a couple lives together as husband and wife, the
question of validity of their marriage is unlikely to arise. However, for
purposes of inheritance or the benefits of pension plans or social security, a
valid marriage is required. If you have questions about whether your marriage is valid, you should consult an attorney who can research the matter for you. Need help finding a lawyer in Maryland? Physical Abuse and Domestic Violence - A husband and wife or unmarried cohabitants have no right to abuse each other by threats or acts of physical violence. In instances of physical abuse, the state can intervene by taking criminal action against the abuser. If you are abused, call the police immediately. Even if you choose to not file criminal charges, you may obtain an order through the non-criminal system called a protection order. For a complete information and resources for legal help, support and shelter, visit the domestic violence section of the Peoples Law Library. Counseling – Look for recommendations from friends, clergy, or an attorney. Carefully investigate any counseling agency and ask about the types of services offered, the training of counselors, and costs. Information about agencies that can help is available free and confidentially from trained social workers at the Information and Referral Service of the Health and Welfare Council of Central Maryland, Inc. (First Call for Help) – in the Baltimore area, dial 410-685-0525. Elsewhere in Maryland, call toll free 1-800-492-0618. Names of psychiatrists are available from the local medical society. The American Association of Marriage and Family Therapy offers some very useful publications as well as help finding trained therapists. A couple with little hope of reconciliation may
privately enter into an oral or written agreement to live apart. This is
typically called a marital settlement agreement, separation agreement, or
property settlement agreement, for more information on these agreements view
the Existing Agreements
section of the Peoples Law Library. When the ground for divorce is voluntary
separation, a separation agreement may be used as evidence to obtain the
divorce. A
separation agreement should provide for the following:
Such a separation agreement does not terminate the contract of marriage nor does it free the parties to remarry. In addition, the parties are not free to have sexual relations with another person, as this constitutes adultery. Revoking a Settlement Agreement -The
separation agreement can be revoked by a second agreement in writing or simply
by the parties living together again as husband and wife. Living together does
not automatically revoke the agreement; it is only evidence of an intention to
revoke it. Enforcing a Settlement Agreement -If
one party violates a settlement agreement, the other may bring suit for
violation of the agreement in the court alleging a breach of contract. To
ensure enforceability in the family courts, however, the parties should have
the separation agreement incorporated into the divorce judgment. While the court will generally honor the parties’ agreements as set forth in the separation agreement, the court may modify provisions affecting the care, custody, education, maintenance and support of the children in order to protect their best interests. Legal Advice - If a couple has decided to separate, it is time to consult a lawyer. This is particularly true where the parties own property and/or have children together. However, a thorough understanding of their legal rights and responsibilities can be equally important when no divorce is contemplated, and a trial separation is viewed as the best way to preserve the marriage. Need help finding a lawyer in Maryland? Negotiating
Your Marital Settlement Agreement - Although parties can draw up a separation agreement without the assistance of lawyers, it is often risky to do so. Without knowledge of their legal rights, parties can draw up an agreement that can create problems in the future or fail to address all of the issues between them. If there is any question about your rights, you should consult your own attorney to determine whether your agreement is reasonable and fair. Do not rely on the advice of your spouse’s attorney. A
negotiated settlement can preclude a contested hearing, but the agreement will
still be examined by the court prior to the granting of a divorce decree and
may be incorporated into the decree. Although a separation agreement greatly
simplifies the court’s involvement, it does not eliminate it. In a
situation where only one party is represented by counsel, the party who is not
represented should seek the advice of an attorney prior to finalizing the
divorce. There are instances where provisions of an agreement or the entire agreement might be voidable or unenforceable.
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| Source: Women's Law Center with two exceptions, this section was based upon a 1998 Women's Law Center publication entitled, "Legal Rights in Marriage and Divorce" and was last updated by the Maryland Legal Assistance Network in January 2001. The sections on Common Law Marriages and Separation Agreements are drawn from the same booklet in the most recent version produced by and available from the Women's Law Center and was updated on 11-29-00. |
Last legal review 02/01/08 (PLL/M.A.J.) |
| Is this legal
advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice,
you should consult an attorney. See our section on Finding Legal Help.
About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.” |
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