Keith Mack
Maryland does not recognize common-law marriages formed within the state. However, it does acknowledge common-law marriages formed in other jurisdictions, provided they meet the legal requirements of that particular jurisdiction. In other words, if a couple has a valid common-law marriage in a state or country that recognizes such unions, their marriage will be considered valid in Maryland. This recognition has important implications, especially in cases of divorce, inheritance, and the claiming of benefits. Maryland also allows unmarried cohabitants to enter into domestic partnerships for inheritance purposes, providing some legal rights similar to those of married couples.
| Characteristics | Values |
|---|---|
| Common-law marriage in Maryland | Not recognized |
| Common-law marriage outside Maryland | Recognized if legal in the jurisdiction where it was formed |
| Legal action to dissolve a common-law marriage | Required if the marriage was created in another state or country |
| Inheritance rights for unmarried cohabitants | Possible through a domestic partnership or a will |
| Joint tax returns for unmarried cohabitants | Not allowed |
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What You'll Learn
- Maryland does not recognise common-law marriages formed within the state
- Common-law marriages formed in other jurisdictions are recognised in Maryland
- Legal action is required to dissolve a common-law marriage
- Maryland courts can grant divorces to common-law married parties living in the state
- Unmarried cohabitants in Maryland can enter into a domestic partnership for inheritance purposes
Maryland does not recognise common-law marriages formed within the state
A "common-law marriage" is a type of marriage where a couple becomes legally married without participating in a lawful ceremony. Instead, they live together for a long period, intending to be married and holding themselves out to others as married. In Maryland, a couple cannot acquire marital rights and responsibilities simply by living together for a particular period or holding themselves out as spouses.
Only a few U.S. jurisdictions allow the creation of common-law marriages, including Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and Utah. The requirements for a valid common-law marriage vary in each jurisdiction. For example, Utah only recognises common-law marriages after they are validated by a court or administrative order. Some states, like Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognise common-law marriages formed before a certain date.
Maryland law provides unmarried cohabitants with the option to enter into a domestic partnership for inheritance purposes. Two individuals can establish a domestic partnership by filing a Declaration of Domestic Partnership with the Register of Wills in their county of residence. The Declaration must be notarised and signed by both parties, affirming that each partner is not married to anyone else and is not related to the other person by blood or adoption. Registered Domestic Partners (RDPs) have inheritance rights equivalent to those of married spouses.
It is important to note that the recognition of common-law marriages formed in other jurisdictions can be complex, and specific legal advice should be sought if needed.
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Common-law marriages formed in other jurisdictions are recognised in Maryland
Maryland does not allow common-law marriages to be formed within the state. However, it does recognise common-law marriages formed in other jurisdictions, as long as the legal requirements of that jurisdiction have been met.
Common-law marriages are formed when a couple becomes legally married without participating in a lawful ceremony. Instead, they live together for a long period, intending to be married and holding themselves out to others as married.
Maryland's recognition of common-law marriages formed elsewhere is important because it allows couples to secure legal rights and benefits associated with marriage. For example, if an employee in a common-law marriage recognised by another jurisdiction dies, their surviving spouse may be able to obtain federal benefits, such as inheritance and survivor benefits.
It is worth noting that only a few U.S. jurisdictions continue to allow the creation of common-law marriages. These include Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and Utah. The requirements for a valid common-law marriage vary across these jurisdictions. For instance, Utah only recognises common-law marriages after they are validated by a court or administrative order, while some states, like Alabama and Georgia, only recognise common-law marriages formed before a certain date.
Given the complexity of determining whether a common-law marriage is valid, it is advisable for couples to consult with an attorney to understand their rights and benefits fully.
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Legal action is required to dissolve a common-law marriage
Maryland does not recognise common-law marriages created within the state. However, it does recognise common-law marriages that were created in other jurisdictions, provided that the legal requirements of those jurisdictions have been met.
If a couple with a valid common-law marriage moves to Maryland and wishes to dissolve their marriage, they must take legal action. Maryland courts will grant divorces to common-law married parties living in the state. The couple may be required to prove that their marriage is valid, which can be a complex process, and it is recommended that they consult an attorney.
To initiate the divorce process, the spouse seeking dissolution must file a petition with the family court in the state in which they live. This petition must be served to the other spouse, who then has 30 days to respond in writing. If no response is received within 30 days, the respondent is considered to be in default, and the petitioner can proceed with the case without them.
If the spouses agree on all issues, the case is considered "uncontested" and will typically be completed faster and at a lower cost. Even in uncontested cases, however, both spouses must still appear in court to demonstrate that they meet the legal requirements for dissolution and to obtain the court's approval.
The dissolution process can have significant financial and personal consequences, and it is important to be aware of the potential issues involved. These may include grounds for dissolution, division of assets, ongoing obligations to provide for a spouse after dissolution, child custody and support, and tax consequences.
In addition to the legal dissolution of their marriage, former spouses may also need to take steps to protect their interests in other areas, such as updating their wills, insurance policies, and retirement plans. Seeking legal advice can help ensure that all necessary steps are taken to protect one's rights and interests during and after the dissolution process.
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Maryland courts can grant divorces to common-law married parties living in the state
Maryland does not recognize common-law marriages formed within the state. However, it does acknowledge common-law marriages that were established in other jurisdictions, provided that the legal requirements of those jurisdictions were fulfilled. This means that if a couple has a valid common-law marriage in a state or country that recognizes such unions, their marriage will be considered valid in Maryland.
Maryland courts can and will grant divorces to common-law married parties living in the state. In such cases, the couple may be required to prove the validity of their marriage. This often arises during divorce proceedings or when a spouse dies, and the surviving spouse needs to claim inheritance, survivor benefits, retirement benefits, or social security.
Determining the validity of a common-law marriage can be complex, and legal advice should be sought. Generally, a common-law marriage is when a couple becomes legally married without participating in a lawful ceremony. Instead, they live together for a long period, intending to be married and holding themselves out to others as married.
The requirements for a valid common-law marriage vary across jurisdictions. For example, Utah only recognizes common-law marriages after they are validated by a court or administrative order. Some states, like Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognize common-law marriages formed before a specific date. In contrast, New Hampshire only acknowledges these marriages for inheritance purposes.
While Maryland does not grant legal rights to unmarried cohabitants, they can enter into a domestic partnership for inheritance purposes by filing a Declaration of Domestic Partnership. This provides similar rights to those of a married couple regarding inheritance and the treatment of children born within the partnership. However, unmarried cohabitants cannot file joint tax returns and may face other tax ramifications.
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Unmarried cohabitants in Maryland can enter into a domestic partnership for inheritance purposes
Maryland does not recognize common-law marriages. However, it does recognize valid common-law marriages from other jurisdictions. In other words, if a couple has a valid common-law marriage in a state that recognizes such marriages, their marriage will be considered valid in Maryland.
Despite not recognizing common-law marriages, Maryland does provide a way for unmarried cohabitants to enter into a domestic partnership for inheritance purposes. This is done by filing a Declaration of Domestic Partnership with the Register of Wills in the county where they live. The Declaration must include:
- The full name, address, and date of birth of each partner;
- A statement that the partners are not married to anyone else;
- A statement that the partners are not related by blood in a way that would prohibit marriage in Maryland;
- A statement that the partners are of legal age to marry; and
- A statement that the partners are not under duress or suffering from a mental incapacity.
The Declaration must be notarized and signed by each party, affirming under penalty of perjury that each partner is:
- Not married to anyone else;
- Not related by blood in a way that would prohibit marriage in Maryland;
- Of legal age to marry; and
- Not under duress or suffering from a mental incapacity.
Once registered, domestic partners (RDP) may inherit by a will or through Maryland's intestacy laws. The rights of RDPs for intestacy purposes are equivalent to those of a spouse in a married couple. Children born to individuals in an RDP are treated as if the partners were married, for inheritance purposes.
It is important to note that unmarried cohabitants in Maryland do not enjoy the same benefits as married couples. For example, they cannot file joint tax returns and may face challenges when it comes to inheritance and property ownership. Unmarried cohabitants can, however, create express written contracts that are enforceable in a court of law. These contracts can outline personal and interpersonal relations, relations with others, provisions for children, and procedures for changing or ending the contract. Additionally, unmarried cohabitants can enter into written or oral contracts to divide personal property, although it is recommended to put any divisions of real property into writing.
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Frequently asked questions
No, Maryland does not acknowledge common-law marriages. However, it does recognize common-law marriages created in other jurisdictions as long as the legal requirements of that jurisdiction are met.
The requirements for a valid common-law marriage vary in each jurisdiction. Generally, a couple becomes legally married without participating in a lawful ceremony by living together for a long period, intending to be married, and holding themselves out to others as married.
Common-law marriage in Maryland has similar benefits to a legal marriage. These include inheritance rights, tax benefits, and the ability to file joint tax returns.
