Common Law Marriage in Maryland and Washington, DC
The Whiteru Firm, PLLC assists husbands and wives whose union was formed through common law marriage obtain divorces or legal separations in Maryland and Washington, DC. The phrase “common law marriage” refers to a marriage that is recognized by the law despite the fact that the husband and wife did not obtain a marriage license and did not have a marriage ceremony. Typically, the following three criteria must be satisfied to establish a common law marriage: 1) a mutual agreement between the parties to be married; 2) cohabitation; and 3) public representation of marriage.
Maryland law prohibits the creation of a common law marriage within its borders. However, Maryland recognizes and enforces common law marriages created in other states if the legal requirements of those states have been satisfied. The District of Columbia allows for the formation of common law marriages within its borders.
The following paragraphs will briefly explain, in more detail, the general requirements that must be satisfied to create a common law marriage.
Fulfilling the requirement of mutual agreement requires that the husband and wife agree, amongst themselves, that they are married. There does not need to be a formal ceremony or a signing of a license to fulfill this requirement. The District of Columbia requires that this mutual agreement be in the present tense. This simply means that the husband and wife must agree to be married in the present rather than sometime in the future.
Fulfillment of the cohabitation requirement in the District of Columbia solely focuses on the parties’ living conditions. The parties who intend to form a common law marriage have to live together. Generally speaking, cohabitation means the two parties have agreed to share living expenses, ownership of property and personal responsibilities. Additionally, things such as insurance coverage and joint bank accounts may have a bearing on cohabitation. There is no minimum timeframe that must be met in order to satisfy the cohabitation requirement.
The parties have to present themselves to the public as being married. Generally, this means the individuals conduct themselves (through various actions) as husband and wife while in the public. A typical example of this is a couple telling their friends and family that they are married. Additional actions that may satisfy the public representation requirement include but are not limited to filing joint tax returns and raising children together.
Dissolution of a common law marriage can only be accomplished through legal means such as a divorce. Simply put, a husband and wife, by common law marriage, can only have their marriage dissolved by death, divorce or annulment of the marriage. If you are seeking an attorney to assist you in proving a common law marriage and/or obtain a divorce contact us at info@whiteru-law.com or 202 558 6196.
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