What Is Maryland Family Law 5-705?
Maryland Family Law 5-705 is the section of Maryland law that outlines the state’s requirements for a valid marriage. This section of the Maryland code covers the legal requirements for marriage and defines who can get married in Maryland. It also outlines the procedures for obtaining a marriage license in the state.
Who Can Get Married in Maryland?
In order to get married in Maryland, both parties must be 18 years of age or older, and can not be related to each other by blood or marriage. The parties must also be of the opposite sex, and both parties must provide proof of age (such as a driver’s license or birth certificate). It is also important to note that Maryland does not recognize common law marriages.
What Are the Requirements for a Valid Marriage?
In order for a marriage to be valid in Maryland, both parties must agree to the marriage and enter into it freely. Neither party can be under the influence of drugs or alcohol, and both parties must provide proof of age. The marriage must also be performed by a licensed minister, an authorized official, or in a religious ceremony recognized by the state of Maryland. The marriage must also take place in the state of Maryland.
What Is the Process for Obtaining a Marriage License?
In order to obtain a marriage license in Maryland, both parties must appear in person at the local county Clerk’s office. The couple must provide valid identification, such as a driver’s license or birth certificate, and proof of age. The couple must also fill out an application for a marriage license and pay the required fee. The license is valid for six months from the date of issuance and must be returned to the Clerk’s office within that time frame.
Are There Any Other Requirements?
Yes. Both parties must also provide documentation of their Social Security numbers if they have one. If either party has been previously married, proof of the dissolution of the previous marriage must be provided. Additionally, the couple must sign an affidavit in the presence of the Clerk, stating that they understand the nature of the marriage they are entering into.
Are There Any Restrictions on Who Can Perform the Ceremony?
Yes. In order for the marriage to be valid in Maryland, the ceremony must be performed by a licensed minister, an authorized official, or a religious ceremony recognized by the state. The officiant must sign the marriage license after the ceremony has been performed.
Are There Any Waiting Periods or Other Requirements?
Yes. In Maryland, there is a 48-hour waiting period from the time the license is issued to the time the marriage can take place. After the marriage ceremony has taken place, the officiant must sign the license and return it to the Clerk’s office. Upon returning the license, the marriage is officially registered with the state of Maryland.
What Happens If I Want to Get Divorced?
If you decide to get divorced, you must file a complaint with the Circuit Court in the county where you reside. The court will then review your case and determine the terms of the divorce, including spousal support, child custody and support, and division of assets.
Conclusion
Maryland Family Law 5-705 outlines the legal requirements for a valid marriage in Maryland. In order to get married, both parties must be 18 years of age or older, provide proof of age, and not be related to each other. The marriage must be performed by a licensed minister, an authorized official, or in a religious ceremony recognized by the state. Both parties must also provide proof of their Social Security numbers and sign an affidavit in the presence of the Clerk. Additionally, there is a 48-hour waiting period before the marriage can take place. If you decide to get divorced, you must file a complaint with the Circuit Court in the county where you reside.
