Maryland is one of the few states in the United States that recognizes common law marriage. However, there are a few misconceptions surrounding this type of union. In this article, we will explore the ins and outs of common law marriage in Maryland.
What is Common Law Marriage?
Common law marriage is a type of union where two people live together as husband and wife without obtaining a marriage license or having a formal wedding ceremony. The couple must also hold themselves out to the community as being married.
In Maryland, common law marriage is recognized under certain circumstances. To establish a common law marriage, the couple must prove that they intended to be married, cohabited for a period of time, and held themselves out to others as being married.
Proof of Intent:
To establish a common law marriage in Maryland, the couple must first show that they intended to be married. This means that they had an agreement to be married, even if they didn’t have a formal ceremony or obtain a marriage license.
There are several ways that couples can show their intent to be married. For example, they may have referred to each other as husband and wife, introduced each other as such to family and friends, or filed joint tax returns. Other evidence of intent may include sharing a last name, owning property together, or having joint bank accounts.
Cohabitation:
In addition to proving intent, the couple must also show that they cohabited for a period of time. Cohabitation means that they lived together as husband and wife, sharing a home and living expenses.
Under Maryland law, there is no specific length of time required for cohabitation. However, the couple must have lived together long enough to establish a marital relationship. Generally, this means that they lived together for at least several months, although the exact timeframe may vary depending on the circumstances.
Holding Themselves Out:
Finally, the couple must show that they held themselves out to others as being married. This means that they presented themselves to the community as husband and wife, rather than as just roommates or friends.
There are several ways that couples can hold themselves out as married. For example, they may have worn wedding rings, listed each other as spouses on insurance forms and other documents, or told others that they were married. Other evidence of holding themselves out may include referring to each other as husband and wife on social media or in public.
Benefits of Common Law Marriage:
Common law marriage can provide many of the same benefits as a traditional marriage. For example, common law spouses may be eligible for spousal support, inheritance rights, and health insurance coverage. They may also have the right to make medical decisions for each other and to inherit property if one spouse dies without a will.
However, there are some limitations to common law marriage. For example, common law spouses may not have all of the same legal rights and protections as traditional spouses. In addition, it may be more difficult to establish a common law marriage than a traditional marriage, since there is no formal marriage certificate or ceremony.
Ending a Common Law Marriage:
If a common law marriage ends, the couple must obtain a divorce, just like a traditional married couple. In Maryland, the process for ending a common law marriage is the same as for traditional marriages.
The couple must file a complaint for divorce with the court, and the court will decide issues such as property division, spousal support, and child custody and support. The couple may also choose to enter into a separation agreement, which can help clarify any issues related to the end of the relationship.
Conclusion:
In conclusion, common law marriage is recognized in Maryland under certain circumstances. To establish a common law marriage, the couple must prove that they intended to be married, cohabited for a period of time, and held themselves out to others as being married.
While common law marriage can provide many of the same benefits as traditional marriage, there are some limitations and difficulties in establishing this type of union. However, for couples who meet the requirements, common law marriage can be a valid and legally recognized option for their relationship.