Getting Married in Maryland: Legal Guide for Couples
Maryland has specific legal requirements for marriage including obtaining a license from the circuit court clerk in the county where you'll marry, providing identification, and observing a waiting period. Couples must be at least 18 years old (with exceptions for 17-year-olds with parental consent or proof of pregnancy/childbirth) and marriages must be performed by authorized officiants.
Marriage creates significant legal rights and responsibilities including property rights, inheritance rights, and tax implications. Understanding Maryland's specific marriage laws before your wedding day ensures your union will be legally recognized and prevents potential complications.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Maryland Marriage License Requirements
In Maryland, couples must obtain a marriage license before getting married. Both parties must appear in person at a circuit court clerk's office, provide identification, and pay a fee (typically $35-85 depending on the county). There is a 48-hour waiting period after receiving the license before the ceremony can take place, and the license is valid for 6 months.
Maryland Marriage Age Requirements
In Maryland, individuals must be at least 18 years old to marry without parental consent. Those who are 17 may marry with parental/guardian consent or proof of pregnancy/childbirth. Maryland recently changed its laws to eliminate marriage for those under 17 in any circumstance, protecting minors from forced marriages.
Maryland Marriage Ceremony Requirements
Maryland law recognizes both religious and civil ceremonies. The ceremony must be performed by an authorized officiant, which includes judges, clerks of the circuit court, or religious officials. The marriage must have at least two witnesses present, and the officiant must complete and return the marriage certificate to the clerk's office within 5 days after the ceremony.
Maryland Name Change After Marriage
Maryland allows individuals to change their name after marriage by using their marriage certificate as legal documentation. This can be used to update identification documents like driver's licenses and Social Security cards. There is no requirement to change one's name, and either spouse may adopt the other's surname or hyphenate names.
Maryland Marital Property Laws
Maryland is an equitable distribution state, meaning that in the event of divorce, marital property (assets acquired during the marriage) will be divided fairly but not necessarily equally. Understanding these laws is important as they affect property rights once married. Couples may create prenuptial agreements to determine property division outside of these default rules.
Regional Variances
County Marriage License Requirements in Maryland
Baltimore City requires couples to apply for a marriage license at the Circuit Court Clerk's Office. The fee is $85, and there is a 48-hour waiting period after issuance before the ceremony can take place. The license is valid for 6 months. Both parties must appear in person unless one is non-resident or in military service.
Montgomery County charges $55 for a marriage license. Applications can be submitted online, but at least one party must appear in person to complete the process. The license is valid for 6 months after the 48-hour waiting period. The county offers a civil ceremony option at the courthouse for an additional $30.
Prince George's County requires both parties to appear in person at the Clerk of the Circuit Court. The fee is $70, and the license becomes valid after a 48-hour waiting period. The county requires proof of age (government-issued ID) and may require proof of divorce if applicable.
Anne Arundel County charges $55 for marriage licenses. Applications can be started online, but must be completed in person. The county enforces the standard 48-hour waiting period, and licenses are valid for 6 months. Civil ceremonies can be performed by a judge for an additional fee.
Howard County issues marriage licenses for $50. Both applicants must appear in person with valid ID. The license is valid for 6 months after the mandatory 48-hour waiting period. The county offers a simplified process for military personnel who may be deployed.
Self-Uniting Marriage Regulations
Baltimore County recognizes self-uniting marriages (sometimes called Quaker marriages) where couples can marry without an officiant. However, the couple must still obtain a marriage license and have two witnesses sign the license, which must then be returned to the Clerk's office within 5 days of the ceremony.
Frederick County allows self-uniting marriages but requires additional documentation affirming religious affiliation if the self-uniting marriage is based on religious beliefs. The standard marriage license fee and waiting period still apply.
Same-Sex Marriage Provisions
While same-sex marriage is legal throughout Maryland since 2013, some counties have specific resources for same-sex couples. All counties must treat same-sex and opposite-sex couples equally in the marriage license process, but some rural counties may have less experience with same-sex marriages.
Suggested Compliance Checklist
Apply for a Marriage License
30-45 days before wedding days after startingIn Maryland, you must apply for a marriage license at the circuit court clerk's office in the county where you plan to get married. Both parties must appear in person with valid identification (driver's license, passport, or birth certificate) and pay the application fee (varies by county, typically $35-$85). There is a 48-hour waiting period after application before the license becomes effective. The license is valid for 6 months from the effective date.
Consider a Prenuptial Agreement
60-90 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Maryland, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Maryland law.
Plan for Name Change (if applicable)
Within 30 days after wedding days after startingIf you plan to change your name after marriage, you'll need to update various documents. In Maryland, you can use your marriage certificate as proof of name change for Social Security, MVA (for driver's license), passport, and other accounts. Prepare a name change application to streamline the process.
Update or Create a Will
Within 60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Maryland. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Maryland, a valid will must be in writing, signed by the testator (person making the will), and witnessed by two competent individuals who also sign the document.
Create Healthcare Power of Attorney
Within 60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Maryland, this document must be signed in the presence of two witnesses who are not the appointed healthcare agent. Your primary care physician should receive a copy.
Establish Durable Power of Attorney
Within 60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Maryland, a durable power of attorney must be in writing, signed, witnessed by two individuals, and notarized to be legally valid.
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Maryland, so you must update them manually by completing the appropriate forms for each account or policy.
Consider Joint Banking Accounts
Within 30 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. In Maryland, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. Complete a joint bank account application if you choose this option.
Update Health Insurance Coverage
Within 30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Maryland, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to obtain and complete the necessary forms.
Research Maryland Tax Implications
Before next tax filing deadline days after startingMarriage affects your tax filing status. Research whether filing jointly or separately is more beneficial for your situation. Maryland has both state and county income taxes that may be affected by your marital status. Consider consulting with a tax professional familiar with Maryland tax laws.
Update Address and Emergency Contacts
Within 30 days after wedding days after startingIf moving in together, update your address with USPS, MVA, voter registration, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse.
Review Property Ownership
Within 90 days after wedding days after startingIn Maryland, property acquired during marriage is generally considered marital property subject to equitable distribution in case of divorce. Consider how you want to title newly acquired property (tenants by the entirety, joint tenants with right of survivorship, etc.) and whether you need to update deeds for existing property.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Maryland, you must apply for a marriage license at the circuit court clerk's office in the county where you plan to get married. Both parties must appear in person with valid identification (driver's license, passport, or birth certificate) and pay the application fee (varies by county, typically $35-$85). There is a 48-hour waiting period after application before the license becomes effective. The license is valid for 6 months from the effective date. | - | 30-45 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Maryland, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Maryland law. | Prenuptial Agreement | 60-90 days before wedding |
| Plan for Name Change (if applicable) | If you plan to change your name after marriage, you'll need to update various documents. In Maryland, you can use your marriage certificate as proof of name change for Social Security, MVA (for driver's license), passport, and other accounts. Prepare a name change application to streamline the process. | Name Change Application | Within 30 days after wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Maryland. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Maryland, a valid will must be in writing, signed by the testator (person making the will), and witnessed by two competent individuals who also sign the document. | Updated Will | Within 60 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Maryland, this document must be signed in the presence of two witnesses who are not the appointed healthcare agent. Your primary care physician should receive a copy. | Healthcare Power of Attorney | Within 60 days after wedding |
| Establish Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Maryland, a durable power of attorney must be in writing, signed, witnessed by two individuals, and notarized to be legally valid. | Durable Power of Attorney | Within 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Maryland, so you must update them manually by completing the appropriate forms for each account or policy. | Beneficiary Designation Forms | Within 30 days after wedding |
| Consider Joint Banking Accounts | Decide whether to maintain separate accounts or establish joint accounts. In Maryland, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. Complete a joint bank account application if you choose this option. | Joint Bank Account Application | Within 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Maryland, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to obtain and complete the necessary forms. | Health Insurance Coverage Change Form | Within 30 days after wedding |
| Research Maryland Tax Implications | Marriage affects your tax filing status. Research whether filing jointly or separately is more beneficial for your situation. Maryland has both state and county income taxes that may be affected by your marital status. Consider consulting with a tax professional familiar with Maryland tax laws. | - | Before next tax filing deadline |
| Update Address and Emergency Contacts | If moving in together, update your address with USPS, MVA, voter registration, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse. | - | Within 30 days after wedding |
| Review Property Ownership | In Maryland, property acquired during marriage is generally considered marital property subject to equitable distribution in case of divorce. Consider how you want to title newly acquired property (tenants by the entirety, joint tenants with right of survivorship, etc.) and whether you need to update deeds for existing property. | - | Within 90 days after wedding |
Frequently Asked Questions
In Maryland, you must be at least 18 years old to get married without parental consent (17 with parental consent and proof of age). You'll need to apply for a marriage license at the circuit court clerk's office in the county where you'll be married. Both parties must appear in person with valid ID. There's typically a fee of $35-$85 (varies by county). After receiving your license, there's a 48-hour waiting period before you can get married, and the license is valid for 6 months.
No, Maryland does not require blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the application process at your county clerk's office.
In Maryland, marriages can be performed by: (1) any official of a religious order or body authorized by that order to perform marriages (like clergy, ministers, priests, rabbis); (2) any judge, including active or retired judges of the District Court, Circuit Court, Court of Special Appeals, Court of Appeals, or federal courts; (3) court clerks; or (4) deputy court clerks authorized to perform marriages. Self-uniting or self-solemnizing marriages are not recognized in Maryland.
In Maryland, a civil ceremony is performed by a judge, clerk of court, or other authorized government official, while a religious ceremony is performed by clergy or another authorized religious official. Both are equally valid legally. Civil ceremonies typically follow a standard format, while religious ceremonies can incorporate faith traditions. The legal requirements for the marriage license are identical regardless of which type of ceremony you choose.
Unlike some states, Maryland does not legally require witnesses to be present at your wedding ceremony. However, your officiant may have their own requirements, and some religious ceremonies traditionally include witnesses. It's always a good idea to check with your chosen officiant about their specific requirements.
Maryland follows common law principles regarding name changes after marriage. You can: (1) keep your original last name, (2) take your spouse's last name, (3) hyphenate both last names, or (4) create a new combined name. Your marriage certificate serves as proof for changing your name with the Social Security Administration, DMV, and other institutions. However, if you want a completely new name unrelated to either spouse's name, you'll need to go through a formal name change process with the court.
Same-sex marriage has been legal in Maryland since January 1, 2013, following voter approval of the Civil Marriage Protection Act in 2012. The Supreme Court's Obergefell v. Hodges decision in 2015 further solidified this right nationwide. Same-sex couples have exactly the same marriage rights, responsibilities, and procedures as opposite-sex couples in Maryland.
Maryland does not recognize common law marriages established within the state. However, Maryland will recognize valid common law marriages established in other jurisdictions that do recognize them (such as DC, Colorado, or Iowa) under the principle of comity. This means if you established a valid common law marriage in a state that recognizes them and then move to Maryland, your marriage will still be considered valid.
Marriage in Maryland provides numerous legal benefits, including: (1) inheritance rights if a spouse dies without a will; (2) medical decision-making authority for an incapacitated spouse; (3) the ability to file joint state and federal tax returns; (4) eligibility for family health insurance coverage; (5) legal standing in cases involving custody and child support; (6) protection under domestic violence laws; (7) the right to take family and medical leave to care for a spouse; and (8) eligibility for spousal Social Security and pension benefits.
A prenuptial agreement is not legally required in Maryland, but it can be beneficial depending on your circumstances. Consider a prenup if you: (1) have significant assets or debts entering the marriage; (2) own a business; (3) expect a substantial inheritance; (4) have children from previous relationships; or (5) want clarity on financial responsibilities during marriage. For a prenup to be valid in Maryland, it must be in writing, signed voluntarily by both parties, include full financial disclosure, and not be unconscionable. Each party should have independent legal counsel review the agreement.