Maryland does not allow common law marriages but DOES recognize the legality of common law marriages if such are legal in other states. This is important because if you have been in a common law marriage in another state and recently moved to Maryland, you can seek a divorce under Maryland divorce laws. If you need legal advice about common law marriages and divorce here in Maryland, call us at the Law Office of Robert Castro. Our number is (301) 870-1200. We are driven and dedicated Maryland divorce attorneys and family law attorneys located in Waldorf, Maryland, providing divorce and family law legal services in Charles County and other parts of Southern Maryland. Below is some additional information about common-law marriages.

Like other marriages, a common law marriage is recognized — in some States — as a civil union between two people. The main difference is that a common law marriage does NOT involve obtaining a marriage license, having a ceremony, or formally exchanging vows. But, in other respects, couples with a common law marriage act present themselves as a “married couple.” They live together, often have children, and act as though they are married. In legal terms, the couple “holds themselves out to the public” as a married couple.

Where recognized, the law says that common-law married couples have the same rights as those in a traditional marriage. Among these rights are:

• To share or have insurance and healthcare benefits
• Visitation and information rights for healthcare — like a hospital
• Certain decision-making rights by one spouse if the other is incapacitated
• Visitation and information rights for in a jail or other forms of incarceration
• Marital evidentiary privileges
• Rights to statutory inheritance rights
• Divorce rights include the right to a share of marital property, alimony, child custody/visitation, child support, etc.
• Tax-related rights like joint filing, exemptions, etc.

Proving a Common Law Marriage

Unlike traditional marriage, a common law marriage has no official certificate or other proof of existence. With a conventional marriage, generally presenting a marriage certificate is enough to prove the marriage for most purposes. For example, if a spouse files for divorce, typically, it is enough for the spouse to state that there is a marriage and to provide a copy of the marriage certificate as part of the Petition for Dissolution of Marriage.

This is more difficult for those in common-law marriages because, as noted, there is no marriage certificate. Thus, if a divorce is sought, there must be evidence and proof of the marriage before a divorce can be obtained. As noted above, what must be shown is that the couple lived together and “held themselves out as a married couple.” Some evidence that can show that includes:

• Evidence of cohabitation
• Evidence of joint ownership of property of various types like bank accounts, vehicles, real property, etc.
• Holiday and celebration cards were sent from both.
• Video, photos, and testimony of how the couple presented themselves at public functions
• If there are children, how did the couple present themselves with respect to the children? For example, did they attend teacher-parent conferences together and seem like a married couple?

Legal Recognition of Common Law Marriages in Maryland

While Maryland common law marriage is not legally recognized for couples who establish their union within the state, Maryland does acknowledge legally binding common law marriages from other jurisdictions. Maryland courts would recognize their marital rights as valid upon relocation if a couple entered into a common law marriage in MD where such unions were permitted.

Does Maryland have common-law marriage? The answer is no, but couples moving from states where these marriages are valid retain their legal marital status. This distinction is essential when dealing with divorce, estate planning, or legal disputes involving matrimonial rights.

Understanding Maryland is a common law state, which is crucial for couples considering moving to the state. Maryland law mandates that only marriages solemnized through the traditional licensing and officiation process are valid within the state. However, individuals legally wed under standard law provisions elsewhere do not lose their marital status upon becoming Maryland residents.

If you are in a common-law marriage in Maryland and require legal guidance regarding divorce or spousal rights, consulting an attorney can help clarify your legal standing. The complexities surrounding out-of-state common law unions necessitate expert legal counsel to protect your rights under Maryland family law.

Legal Factors Affecting Out-of-State Common Law Marriages

Although Maryland does not create common law marriages, couples relocating from states that do must still address several legal matters after moving. One of the most overlooked issues is how this change affects existing rights and obligations, particularly during divorce, inheritance, or custody battles. Maryland courts will not treat the couple as unmarried simply because the relationship was not formally licensed. The same rights apply here if the union was valid under another jurisdiction’s laws.

This distinction becomes critical during legal proceedings. For example, if one party tries to claim they were never married to avoid dividing assets or paying support, the court will evaluate the original jurisdiction’s laws and the facts of the relationship. Proper documentation and evidence of how the couple presented themselves during their time in the previous state are often necessary. Bank records, joint leases, and affidavits from friends or relatives may be introduced to confirm the legitimacy of the common law union.

Impact on Divorce Proceedings

Divorce for couples in a recognized common law marriage functions much like a traditional divorce. The court will evaluate property division, alimony, custody, and support. However, an added layer of complexity arises from the need to first establish the marriage’s existence. This can cause delays, especially if one spouse contests the marriage or disputes specific timelines.

If a couple lives together in a common-law state and meets all the requirements for a valid marriage, Maryland courts will honor that marriage. However, they must still prove their validity before accessing divorce remedies. A person seeking alimony or a share of marital assets must provide clear evidence of mutual intent to be married and public representation of the relationship.

Estate Planning and Inheritance Rights

Common law spouses may also encounter complications related to inheritance. Without a will, Maryland intestacy laws distribute assets only to legal spouses and biological or adopted children. If a partner dies and the surviving spouse cannot prove the validity of the marriage under the originating state’s laws, they may be excluded from receiving property that would otherwise be theirs.

To avoid these outcomes, couples in recognized common law marriages should consider updating their estate plans immediately after relocating. Drafting a will, naming each other as beneficiaries on retirement accounts or insurance policies, and executing powers of attorney can help preserve rights that might otherwise be denied without formal documentation.

Public Benefits and Legal Standing

Common law spouses may also face difficulties when seeking public benefits. Agencies may demand proof of marital status to grant eligibility for programs like Social Security spousal benefits or dependent health insurance coverage. Since common law marriages lack a formal certificate, these applications may require additional affidavits, financial documents, or tax returns filed jointly.

This underscores the need for proper recordkeeping. Couples who relocate to Maryland should retain copies of any legal documents, tax filings, or leases demonstrating their joint relationship while living in a common-law marriage state. These records can be critical in securing benefits or resolving legal disputes.

Contact Waldorf, Maryland Family Law, and Divorce Lawyer Robert Castro Today

The Law Office of Robert Castro has provided this article. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.