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 you recently moved to Maryland, you can be eligible to seek a divorce under Maryland divorce laws. If you need legal advice about common law marriages and divorce here in Maryland, call us here 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 differences are that a common law marriage does NOT involve obtaining a marriage license, having a ceremony, or the formal exchange of vows. But, in other respects, couples who have 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 that are 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 such as 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 does not come with an official certificate or other proof of existence. With a traditional 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?

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

This article has been provided by the Law Office of Robert Castro. 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