Applying for and Obtaining a Legal Maryland Marriage License

As in other states, marriage license laws in the State of Maryland are not as permanent as you might like them to be. Nor are the specifics in their procedure of application and processing, because sometimes they vary not only from state to state, but also county to county. Although all efforts have been made to get every detail correct, laws and regulations are also liable to change. For all these reasons, it is recommended that you look at the following as guidelines and not immutable truths.

When you actually apply for your marriage license, you will need to get in touch with the Maryland Marriage License Department at the issuing probate courthouse or recording office of the county where you propose to marry. There, you can inquire about all local rules finally verified and confirmed. After all, your marriage license is the one essential document you need to marry under the law, and you cannot afford to take a chance on any procedural detail – right down to the license fees and office hours of operation.

It’s wise to get all the legal minutiae marriage procedures attended to and completed around a month before your ceremony date. In particular, make sure that you know the time period and the precise area of jurisdiction within which your marriage license will remain valid.

You wouldn’t want it to expire before the big day, especially after you have gone through all the trouble to get everything else right! For the record, a Maryland marriage license is valid for six months, and usable only within the state.

When you apply for a marriage license, you will usually need to do so at least a good month ahead of the date you have set for your wedding ceremony. Most of the time, you will be asked to provide your birth certificates, tax information and other official documents of record.

For a marriage license in the State of Maryland, as basic proof of identity and age, you need at least some type of picture ID such as a driver's license or an official ID card with the relevant identifying personal data. You should be able to state your Social Security number, and know the state and county in which you were born.

When you apply for your license, you will not only need proof of identity and age, you will have to also provide information about previous marriages, if any. In other words, you need to supply the divorce decree or death certificate of your previous spouse when you are submitting your application.

You will usually also need to have someone as witness when you sign the license application. You can do what most people do and try to get your maid of honor or best man to come with you to the relevant office.

The bride will likely have to decide at this point in time what her full married name is going to be. This is important because it is the name that will go on the official marriage certificate, and so will have to appear on the marriage license application.

Unlike some other states, Maryland has no residence requirement. It will not do for only one of you to be present to file your marriage license application. Maryland requires that both the bride and groom must appear in person at the Circuit Court Clerk's office in the county where the marriage is to take place.

If you know you cannot make it to the Clerk's Office at the required time, Maryland lets you apply using a Non-Resident Affidavit. Blank formats of affidavits are provided online at the Calvert, Kent, and Queen Anne's Circuit Court clerks' websites. If you have the time and opportunity, you can also get one from either your county (if in Maryland) or from the county in which you plan to marry.
     
Maryland has what is called a "waiting period" of two days. That is, the license goes into effect only 48 hours after the date of issue. Marriage license fees are at least $35, varying according to location, and are payable in cash only. Also, no blood or other medical test is required in the state.

Varying rules apply for applicants under 18 years of age. Those who are of age 16 or 17 may marry if a parent or legal guardian gives a written consent, confirming the applicant’s age. Unlike some other states, Maryland does not accept license applications from 15-year-olds.

The only exception would be an under-age female applicant who is already pregnant or has a child. She must then furnish, in addition to the parent or guardian’s written consent, a certificate from a licensed physician testifying to this fact after ascertaining it.
 
Maryland has no provision for recognizing common law marriages. The state does however recognize common law marriages entered into in states where they are permitted. There is no declared provision for cousin marriages either, but you could enquire at the County Clerk’s office. Same-sex marriages are also not entertained.

Maryland has discontinued the practice of Justices of the Peace performing civil marriage ceremonies. Instead, a clerk or an authorized deputy clerk of the Circuit Court must perform these ceremonies. You should visit the Circuit Court's website to locate the Clerk of the Circuit Court in your county, and learn of  the working hours, location and fees for a civil ceremony.

Religious marriage ceremonies may be performed by any minister of the gospel authorized by the rules and customs of a recognized church. Ministers must complete the marriage license and marriage certificate, giving one copy to the couple. Another copy of each must be submitted to the Clerk of the Court of Common Pleas within five days after the marriage.