📅 2026 Update: Changes to Maryland's Marriage Laws

Since the original article was written, there have been some important updates to marriage laws in Maryland. These changes affect how couples apply for marriage licenses and the associated fees. The earlier article continues further down the page, offering more context and information on marriage laws in Maryland.

📝 Legislative Changes

As of October 1, 2026, Maryland law requires both parties to be present when applying for a marriage license. This change is part of Senate Bill 355. Previously, the application process allowed for more flexibility.

Couples should ensure they both attend their local circuit court to apply.

💵 Updated Fees

The standard marriage license fee in Maryland remains at $10. Counties may charge up to $25 in additional fees, which go towards domestic violence programs. For those planning a ceremony, judges and clerks charge a fee, with Cecil County setting it at $30 and other counties at $25.

⏳ Validity and Processing Times

The validity of a marriage license is six months from the date it is issued. Processing times for marriage certificate requests may vary, especially due to pandemic-related issues and access to records. Couples should plan accordingly to avoid delays.

📑 Application Process

Both partners must appear together before the clerk of a circuit court to apply for a marriage license. Couples can also complete a premarital preparation course within one year before applying for a license to qualify for a discounted fee in their county.

📌 Key Points

  • Both parties must apply together for a marriage license.
  • Standard fee is $10, with potential additional county fees.
  • A marriage license is valid for six months.
  • Consider taking a premarital preparation course for possible fee discounts.
  • Processing times for marriage certificate requests may vary.

💡 Tips for Navigating Marriage Laws in Maryland

Reviewing the details of your specific situation with an attorney is important.

🏛️ Know Your Eligibility

Ensure both parties are at least 18 years old to marry without parental consent. Valid photo identification, like a driver's license or passport, is also necessary during the application process.

🏠 No Residency Requirements

There are no residency requirements to marry in Maryland. Couples from outside the state can apply for a marriage license in any Maryland county.

📅 Plan for Validity

Remember that a marriage license is valid for six months. Couples should plan their wedding accordingly to ensure they marry within this timeframe.

👩‍⚖️ Ceremony Officiants

Marriage ceremonies can be performed by judges, clerks, or religious officiants. Couples should check ahead to confirm the availability and any associated fees.

📄 Replacement Licenses

If a marriage license is lost or destroyed, a replacement can be obtained for a fee of $10. It’s vital to keep your marriage license safe until the ceremony.

❓ Frequently Asked Questions

❔ What documents do I need to apply for a marriage license?

You will need valid photo identification, such as a driver's license or passport, to apply for a marriage license in Maryland.

🕒 How long does it take to get a marriage certificate?

Processing times for marriage certificate requests may vary. Factors like the pandemic and access to records can impact how quickly you receive your certificate.

💑 Can we apply for a marriage license online?

No, both parties must appear together in person at a circuit court to apply for a marriage license. Online applications are not accepted.

💰 Are there any other fees besides the marriage license?

Yes, counties may impose additional fees up to $25 for each license to fund domestic violence programs. There may also be fees for performing marriage ceremonies.

📅 Is there a waiting period after applying for a marriage license?

There is no waiting period in Maryland. Once you apply for the marriage license, it is valid for six months from the date of issuance.

🏛️ Where can we find marriage records in Maryland?

Marriage records can be accessed through the Maryland State Archives, which provides assistance with record searches and obtaining certified copies.

⚖️ Recent Court Cases Related to Marriage Laws

Recent court rulings have clarified aspects of marriage law in Maryland, particularly regarding same-sex marriage and marriage license applications.

For more recent rulings, you can check more rulings on the news page.

End of October 2026 Update





While small steps are indeed being taken to recognize same sex partnerships in the state of Maryland, marriage for homosexual couples is still not considered legal by law. According to the 1973 Maryland Family Law, Section 2-201- one of the first state laws of it's kind to actually define marriage, in the state of Maryland, marriage unions are only valid if performed between a man and a woman.

And although this 37-year old Maryland marriage law has been strongly upheld by the Maryland Court of Appeals, Maryland gay marriage supporters have been putting up a fight to have the Maryland marriage laws altered to include homosexual couples.

On July 4, 2004, for instance, a lawsuit by the name of Dean & Polyak v. Conaway was filed on behalf of nine same-sex couples and a recently widowed gay partner by the American Civil Liberties Union. The lawsuit sought to have Maryland gay unions legalized within the state. While the Court of Appeals acknowledged that marriage is a fundamental right, it argued that in Maryland, gay marriage between same-sex partners is not fundamental. 

Gay Marriage Laws in Maryland

In a 4 to 3 decision, the high court rejected the arguments presented by the plaintiffs of the ACLU, which stressed that denying same-sex couples the right to marry is sex discrimination. On September 18, 2007, in a devastating upset, the court asserted that the Maryland marriage law does not deny Maryland gay couples their constitutional rights, and it was officially decided that the legal ban on same-sex marriage would remain in place.

Despite the setback, Maryland gay marriage supporters and equality activists continue to rally against this ban, waiting for Maryland marriage laws to include homosexuals like many other states. In the meantime, however, the General Assembly has passed two bills which create at least some form of domestic partnership in the state. 

Although weak, very limited, and void of the rights to health care and tax benefits which heterosexual couples are allowed to enjoy, this legislation, which became effective in July 2008, includes 11 protections for domestic partners. For example, it allows for hospital visitation and the right to make funeral arrangements for each partners. It's a seemingly small step in the greater movement to win complete marital rights, but at least it's a start.

In a more recent development for the Maryland gay community, Douglas F. Gansler, the Attorney General of Maryland, has said that same-sex marriages performed in other states will be recognized until the state's General Assembly or high courts specify otherwise. This February 2010 statement has yet to be determined.