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Maryland Marriage License Laws

by Victoria

Overview

Maryland Marriage License Laws

Each state has unique laws governing marriage. In Maryland, a person must meet specific age and relationship requirements, acquire a license and marriage certificate, and pay fees to attain a valid marriage.
Can I Marry?

You must meet certain age, gender and relationship status requirements to marry in Maryland. You can marry in Maryland if you are a least 18 years old. If you are under 18, you must obtain parental consent unless both parties are at least 16 years old and a physician certifies that the female party is pregnant or has given birth. If you have been married before, you must have obtained a valid divorce or annulment from your ex-spouse, or your ex-spouse must be deceased. You cannot be related to the person who you are marrying. Same-sex marriage is prohibited under Maryland law.

Obtaining a License

A marriage license must be obtained before a marriage ceremony. The purpose of a marriage license is to authorize the performance of a marriage ceremony. It is not a marriage certificate. Either party may apply for a license. Licenses must be obtained from the county clerk of the Circuit Court in which the ceremony will be preformed. If the ceremony will be preformed in Baltimore, obtain the license from the Baltimore City clerk. If either party has previously been married, the clerk must record the date of the former spouse's death, or the date of divorce or annulment. You must pay a fee and wait 48-hours before you can pick up the license. The license is valid for six months, meaning you can have a marriage ceremony anytime in the six month period of validity. There is no requirement under Maryland law for blood tests or a health examination to obtain a marriage license.
Marriage Ceremony and Certificate

This is the final step to obtaining a valid marriage in Maryland. The marriage ceremony or rites of marriage can be performed by a minister or religious official with the authority to perform marriage within that group. The State of Maryland does not interfere in the way a marriage ceremony is conducted or the customs of any religious group. For a fee, a designated clerk of any county of the Circuit Court of Maryland or Baltimore City can perform the marriage ceremony. A marriage certificate must be signed by the person officiating the ceremony and two witnesses. After the ceremony, the certificate must be returned to the clerk that issued the marriage license. The certificate will be recorded at the clerk's office for official city or county records.
Common Law Marriages

Maryland does not recognize "common law" marriages. This is a relationship where couples live together but have never participated in a lawful ceremony. However, Maryland does recognize common law marriages created in other states if that state recognizes common law marriage and all legal requirements are met to form such a marriage. There are some recognized legal rights for unmarried cohabitants under Maryland law (see Resources).
Warnings

A marriage that does not meet the requirements outlined above is considered unlawful. However, an unlawful marriage does not mean that a marriage is automatically invalid, void or non-existent. Legal obligations that spring from marriage may still exist. A family law attorney can best explain marriage law in your state.