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A "common law" marriage, defined or described as a relationship in which a couple lives together as spouses but has not participated in a lawful marriage ceremony, cannot be created in the State of Maryland. In other words, a couple cannot acquire marital rights and responsibilities in Maryland by simply living together for a specified period of time. Further, no legal action is required to dissolve such a relationship---which essentially has no legal standing.
The State of Maryland does, however, recognize as valid, "Common law" marriages which were lawfully created in other states and countries, provided the legal requirements for "common law" marriage in those states and countries have been met. In those specific cases, legal action is in fact necessary to dissolve those legal "common law" marriages created in other states and foreign countries in compliance with their licensing and ceremonial regulations. Maryland courts can then determine the rights of the parties now living in Maryland.
For the important purposes of spousal benefits, pension plans, other retirement issues, social security, and inheritance, etc., a valid marriage in Maryland is required.
Individuals should consult an attorney with specific questions as to whether a marriage is valid in Maryland.
[Charles Jerome Ware is a Maryland-based national divorce attorney. You may contact him with questions or an initial courtesy consultation at (410) 720-6129 or (410) 730-5016. The information provided above and herein is not designed nor intended to be legal advice]
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