Understanding the “Common Law” Marriage in Maryland
There’s a different kind of marriage? Most definitely, there is.
It’s called a “Common law” marriage in Maryland. If you need legal advice and assistance, contact Maryland lawyers.
The Basis Behind a “Common Law” Marriage in Maryland
Essentially, it’s a marriage without a certificate, without a ceremony, without witnesses – without any actual legal standing whatsoever.
That’s why they call it a “Common Law” marriage. You might think of it as a “natural law” marriage. This is something that has existed in history for the longest time, before the concept of law wasn’t yet established as a legal process in society.
Here’s the Thing, Though….
There’s no such thing as a “Common Law” marriage in Maryland. It simply isn’t recognized.
That means by “Common Law” marriage laws, no such marriage requires any legal procedure to end, because the state of Maryland doesn’t recognize it in the first place. There are no marriage requirements for it. Nothing.
Maryland does recognize a “Common Law” marriage in Maryland if it was established in another state that recognizes those types of marriages. The legal requirements established by those “Common Law” marriage laws would have to be met. Other than that, those “Common Law” marriage laws in the other supposed state would apply just fine in Maryland and would require a legal procedure to dissolve such a marriage.
Marriage requirements are such, too, that even when there’s no such thing as a “common” marriage in Maryland, the state will recognize the specific requirements for such a type of marriage as that and would honor it as if it were common in the state.
However, a “Common Law” marriage in Maryland won’t have any specific benefits of inheritance, pension plan, or social security, without an actual valid marriage in Maryland.
The Reason for “Common Law” Marriage Laws
This dates well back into biblical times, obviously. Marriage requirements were so basic that just about anyone could get married – without paperwork or witnesses.
All that was necessary was a priest, pastor, reverend, or minister. That was it. Moreover, marriage requirements didn’t have such things as prenuptials or written concepts for divorce. Although a basic idea of divorce did exist – just not with so many aspects that are so prevalent today.
“Common Law” marriage laws became so archaic simply because of the fact that many people would desert their spouses after entering into marriage with no compensation – either emotional, or financial – to the other party.
So the law had to step in – get things written down. Marriage requirements became stiffer. “Common Law” marriage laws became less common and more specific. Marriage requirements were part of the legal faction of society and not a standard in a household.
Are You Pursuing a “Common Law” Marriage?
In Maryland, know that the only way to do that is to enter a state that recognizes it. And if you want to move to Maryland, do so. Go through the correct process to file your “common” marriage with the court system, and it will be treated just as any marriage.