Introduction
The concept of common law marriage is not universally acknowledged in the United States, but in Maryland, an informal or common law marriage can exist under specific circumstances. Furthermore, Maryland has distinct laws concerning divorce that both parties should be familiar with before initiating a divorce petition. In this article, we will delve into the topic of common law marriage and divorce laws in Maryland.
Common Law Marriage in Maryland
Eligibility
In Maryland, common law marriage is only deemed valid if it was recognized prior to 1957. Couples who cohabitate and hold themselves out as married, without undergoing a formal marriage ceremony, may be able to establish a common law marriage. However, the following conditions must be met by the couple:
- Capacity: Both parties must be at least 18 years old and legally capable of getting married.
- Intent: The couple must possess the intention to enter into a marital relationship and explicitly express that intent.
- Cohabitation: The couple must continuously live together.
- Public Reputation: There must be a recognized reputation among the public that the couple is married.
Proof of Common Law Marriage
Proving the existence of a common law marriage can be challenging because there is no marriage certificate or public record available. In Maryland, the most effective way to establish a common law marriage is by demonstrating the fulfillment of the eligibility requirements mentioned above. This can be achieved through evidence of cohabitation, joint bank accounts, joint tax returns, and testimony from friends and family.
Divorce Laws in Maryland
Grounds for Divorce
Maryland follows a no-fault divorce system, meaning the petitioner is not required to prove any wrongdoing on the part of the other spouse to obtain a divorce. However, there are specific grounds that can be cited as reasons for initiating a divorce. These grounds include:
- Adultery
- Desertion
- Conviction of a felony
- Insanity
- Cruelty
- Excessive vicious conduct
- Separation
Divorce Process
To file for divorce in Maryland, the petitioner must have been a resident of the state for at least six months. Additionally, before filing for divorce, the couple must have lived apart for a minimum of 12 months. The following steps outline the divorce process in Maryland:
- Filing the Petition: The petitioner submits a complaint and serves the other spouse with a copy of the complaint.
- Response: The respondent has 30 days to respond to the complaint.
- Discovery: Both parties exchange information regarding assets, debts, and other relevant concerns.
- Settlement: The parties can either reach a settlement agreement or participate in mediation to resolve any disputes.
- Trial: If an agreement cannot be reached, the case will proceed to trial.
Property Division
Maryland operates under the principle of equitable distribution when dividing marital property. This means that the court will divide the assets and liabilities in a manner considered fair and reasonable. Note that this does not necessarily entail an equal division of property. The court will take various factors into account, including the duration of the marriage, the age and health of each party, and the contributions made by each spouse during the marriage.
Alimony
In certain divorce cases, the court may award alimony to one party. The purpose of alimony is to provide financial support to a spouse who is financially dependent on the other spouse. Factors considered by the court when determining alimony include the duration of the marriage, the standard of living maintained during the marriage, and each party’s income and earning potential.
Child Custody and Support
Maryland courts primarily base their decisions regarding child custody and support on the best interests of the child. In determining what is best for the child, the court will consider factors such as each parent’s capacity to meet the child’s needs, the nature of the child’s relationship with each parent, and the child’s own preferences.
Conclusion
While common law marriage is recognized in Maryland, it only applies to unions established before 1957. Couples should familiarize themselves with the eligibility criteria and required evidence for proving a common law marriage. Furthermore, Maryland’s divorce laws mandate that the petitioner must be a resident of the state for a minimum of six months and must have lived separately from their spouse for at least 12 months. Given the potential complexity of the legal process, it is advisable for parties to seek the guidance of an experienced attorney who can navigate the divorce process smoothly.