Living Together Is Not Marriage
Fam. Law § 2-401 — a license from the county clerk, then a ceremony by an authorized official
In Maryland, an individual may not marry in the State without a license issued by the clerk for the county where the marriage is performed. Living together, however long, does not stand in for the license or the ceremony.
The application. One of the parties appears before the clerk during regular office hours and gives, under oath, each party's full legal name, residence and date of birth, any relationship by blood or marriage, marital status, and any earlier marriage and how it ended, with a government document showing each party's age. Parties who do not live in the county may give a sworn affidavit instead.
A wait before it takes effect. A license is not effective until 6 a.m. on the second calendar day after it is issued, unless a circuit court judge, for good cause, authorizes an earlier time where one party is a resident of the State or a service member.
Who may perform the ceremony. An official of a religious order or body authorized by its rules and customs, any clerk, a deputy clerk the circuit court clerk designates, or a judge. Within 6 months after the license becomes effective, any authorized official may perform the ceremony.
Age. An individual under the age of 17 may not marry. An individual 17 years old may marry only with the consent of each living parent, guardian or legal custodian, or the certificate the statute describes, and a certified copy of a court order authorizing the marriage.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for years makes a common-law marriage | What the law actually doesAn individual may not marry in the State without a license from the county clerk |
| The assumptionThe marriage can happen the day the license is picked up | What the law actually doesA license is not effective until 6 a.m. on the second calendar day after it is issued, unless a judge authorizes an earlier time |
Property and support between unmarried partners, and a marriage validly made in another place, are not on this page. What a particular situation carries is a question for a licensed Maryland attorney.
Sources for this section (5)
- Md. Code, Fam. Law § 2-401 — License required to marry
- Md. Code, Fam. Law § 2-402 — Applying for a marriage license
- Md. Code, Fam. Law § 2-405 — Issuing the license; when it becomes effective
- Md. Code, Fam. Law § 2-406 — Who may perform a marriage ceremony
- Md. Code, Fam. Law § 2-301 — Marrying at 17: consent and court order
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.