Maryland, like many other states, once recognized common-law marriages. However, Maryland no longer recognizes common-law marriages formed after January 1, 1997. This means that couples who entered into a common-law marriage before that date may still have their marriage legally recognized, but new common-law marriages are not legally valid in the state. This article will clarify the nuances of common-law marriage in Maryland, addressing common questions and misconceptions.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a marriage recognized by the law without a formal marriage ceremony. It typically requires the couple to:
- Live together: Couples must cohabitate, signifying a commitment to live together as husband and wife.
- Present themselves as married: They must publicly represent themselves as married to family, friends, and the community. This often includes sharing finances, using the same last name, and filing joint tax returns.
- Have the intent to marry: This is the crucial element. Both parties must genuinely intend to be married, not just cohabitate. This intent is often difficult to prove.
What if a Couple Lived Together Before January 1, 1997?
If a couple lived together and met the requirements for common-law marriage before January 1, 1997, their marriage is still legally valid in Maryland. This means they have the same rights and responsibilities as couples who were formally married. However, proving the existence of a common-law marriage formed before this date can be challenging and may require legal counsel.
Can I Still Get Married in Maryland Without a Ceremony?
While Maryland no longer recognizes common-law marriages formed after January 1, 1997, it's important to note that obtaining a marriage license and getting married without a formal ceremony is still possible. A couple can obtain a marriage license and then sign it with witnesses, legally making them married without the need for a religious or civil ceremony. This is very different from a common-law marriage.
What are the Rights and Responsibilities of a Common-Law Marriage (Pre-1997)?
Couples in valid common-law marriages (formed before 1997) have the same legal rights and responsibilities as formally married couples, including:
- Inheritance rights: The surviving spouse generally inherits assets according to Maryland's inheritance laws.
- Spousal support: In the event of a divorce (or dissolution of the common-law marriage), spousal support may be awarded.
- Filing joint taxes: The ability to file joint tax returns.
- Health insurance benefits: Eligibility for health insurance benefits through a spouse's employer.
How Do I Prove a Common-Law Marriage?
Proving a common-law marriage, especially one formed before 1997, requires substantial evidence. This can include:
- Witness testimony: Statements from family, friends, and neighbors who can attest to the couple presenting themselves as married.
- Joint bank accounts and financial records: Documents showing joint ownership of property or shared financial accounts.
- Joint tax returns: Tax returns filed jointly.
- Shared residence documents: Lease agreements or mortgage documents listing both parties.
- Photographs and other documentation: Evidence such as family photos or other documents that could support the claim.
What Happens if a Common-Law Marriage is Disputed?
If the existence of a common-law marriage is disputed, it becomes a legal matter that requires court intervention. A judge will weigh the evidence presented by both parties to determine whether a common-law marriage existed. This is why it's crucial to seek legal advice if you need to establish or dispute a common-law marriage.
Is there a legal way to establish a common-law marriage in MD now?
No. The legislature has explicitly eliminated the possibility of establishing a common-law marriage in Maryland since January 1, 1997. Any purported common-law marriage initiated after that date will not be legally recognized.
Conclusion
Understanding the legal implications of common-law marriage in Maryland is crucial. While the option no longer exists for marriages formed after January 1, 1997, the legacy of pre-1997 common-law marriages continues to have legal ramifications. If you have questions or concerns regarding common-law marriage in Maryland, seeking advice from a qualified attorney is recommended. This information is for general understanding and should not be considered legal advice.
