Marriage Laws in Maryland (2026): Everything You Need to Know
Getting married in Maryland involves more than just saying “I do.” You need to follow specific legal steps first. This guide explains everything you need to know about Maryland marriage laws — including recent updates from 2025.
Whether you are planning a wedding or just want to understand your rights, this article has you covered.
What Is a Marriage License?
A marriage license is an official document that gives you legal permission to get married. In Maryland, you must have a valid marriage license before any ceremony can take place.
Without a license, your marriage is not legally recognized. This means you would not have legal rights as a spouse — such as inheritance rights, medical decision-making, or tax benefits.
Basic Maryland Marriage Requirements
Age Requirements
Maryland law sets clear rules about who is old enough to marry.
If you are 18 or older, you can get a marriage license without anyone else’s permission. If you are 17, you can marry only under special circumstances. You must get parental consent and a court order. The court holds a hearing to decide if marriage is in your best interest.
No one under the age of 17 may legally marry in Maryland. This rule became law in October 2022 through House Bill 83.
Who Can Marry Whom
Maryland allows same-sex couples to marry. This has been legal since 2013. The law simply says “two individuals” may marry — with no gender requirement.
You cannot marry a close family member. This includes parents, siblings, grandparents, children, aunts, uncles, nieces, or nephews. First and second cousins, however, may legally marry in Maryland.
You cannot marry someone who is already legally married to another person. Maryland law prohibits bigamy. Breaking this law can result in criminal charges and jail time.
How to Get a Maryland Marriage License
Step 1: Go to the Right County
You must get your marriage license from the Circuit Court in the county where your ceremony will take place. This is true no matter where you live.
For example, if you live in Baltimore County but are getting married in Howard County, you must get your license from Howard County Circuit Court.
Step 2: Who Needs to Appear
At least one person from the couple must appear in person to apply. If only one person comes, they must bring a valid ID for the other person too.
If neither of you lives in the county, you may be able to apply by mail using a Non-Resident Affidavit. Check with your specific county court first, as rules vary.
Step 3: What You Need to Bring
You will need to provide the following information for both people getting married:
Full legal names and dates of birth are required. As of October 1, 2025, this became a legal requirement under HB0323. You will also need Social Security numbers (these are kept private and not printed on the license), proof of age (such as a government-issued ID or birth certificate), and your place of residence.
If either person was previously married, you must provide the date and location of the divorce — or the date of a spouse’s death.
Step 4: Pay the Fee
License fees vary by county in Maryland. Fees generally range from $35 to $85. In Montgomery County, the fee is $55. Some counties add extra fees that support local domestic violence programs. Payment is usually accepted in cash. Some courts also accept credit cards in person.
The 48-Hour Waiting Period
After you apply, there is a mandatory 48-hour waiting period. Your license becomes effective at 6:00 a.m. on the second calendar day after it is issued.
In rare cases, a judge can waive this waiting period. To qualify, at least one person must be a Maryland resident or active U.S. military member. You must also show good cause.
Once your license is issued, it is valid for six months. If you do not get married within that time, the license expires and you must apply again.
Who Can Perform the Ceremony?
Not just anyone can legally marry you in Maryland. The ceremony must be performed by an authorized official.
Authorized officiants include any official of a religious order (such as a minister, priest, rabbi, or imam), a judge, or a deputy clerk of the Circuit Court. Online-ordained ministers (such as through the Universal Life Church) are generally accepted in Maryland.
Both people getting married must be physically present at the ceremony. Maryland does not allow proxy marriages — where someone else stands in for you.
After the Ceremony
The person who performs your ceremony is responsible for returning the completed marriage certificate to the county clerk’s office. This must be done within five days of the ceremony.
If you need certified copies of your marriage certificate, contact the Clerk’s Office of the Circuit Court that issued your license. A certified copy costs $5.50. You will need these copies for name changes, Social Security updates, and other legal purposes.
Common Law Marriage in Maryland
Maryland does not recognize common law marriage. Living together for a long time — even decades — does not make you legally married in Maryland.
There is one exception: if you entered into a valid common law marriage in another state that recognizes it, Maryland will generally honor that marriage.
Same-Sex Marriage in Maryland
Same-sex marriage has been fully legal in Maryland since January 1, 2013. All the same rules, rights, and responsibilities apply equally to same-sex and opposite-sex couples.
Religious organizations are not required to perform same-sex ceremonies if it conflicts with their beliefs. However, same-sex couples have full legal marriage rights under state law.
Penalties for Breaking Marriage Laws
Maryland takes marriage law violations seriously.
Performing a ceremony without a valid license is a misdemeanor. The fine is up to $500. Performing a ceremony for people who are legally prohibited from marrying is also a misdemeanor, with a fine of up to $500.
Providing false information on a marriage application is considered perjury. Bigamy — marrying someone while already legally married — can lead to criminal prosecution and imprisonment.
Special Circumstances
Foreign Marriages
If you got married in another state or country, Maryland can record your marriage. You must provide a certificate signed by the person who performed the ceremony or an official certified copy of your marriage record. There is no fee to record a foreign marriage.
Name Changes After Marriage
Getting a marriage license does not automatically change your name. If you want to change your name, you must go through a separate legal process. You will use your certified marriage certificate as proof when updating your name with the Social Security Administration, the MVA, and other agencies.
Correcting Marriage Records
If you gave incorrect information on your application, you must file a request to correct your marriage record with the court. Fees may apply.
How to Get Married at the Courthouse
Many couples choose to have a civil ceremony performed by a deputy clerk at the courthouse. These ceremonies are by appointment only. In Montgomery County, the ceremony fee is $25.
Contact the Clerk’s Office in your county to schedule your courthouse ceremony after you receive your marriage license.
Frequently Asked Questions
Do I have to live in Maryland to get married here?
No. Maryland has no residency requirement. Anyone can get married in Maryland as long as they follow state law.
Can cousins legally marry in Maryland?
Yes. First and second cousins may legally marry in Maryland under state law.
Does Maryland recognize marriages from other states?
Yes. Maryland generally recognizes valid marriages from other states and countries, including same-sex marriages and common law marriages established elsewhere.
What happens if I lose my marriage certificate?
Contact the Clerk’s Office of the Circuit Court that issued your license. For marriages after January 1, 1990, you can also contact the Maryland Vital Statistics Administration at 800-832-3277.
Do we need witnesses at our wedding?
No. Maryland does not require witnesses to be present at a marriage ceremony.
Can a judge waive the 48-hour waiting period?
Yes, but only in limited cases. At least one person must be a Maryland resident or U.S. military member, and you must show good cause to the court.
What if my partner and I were married abroad?
You can record your foreign marriage with the Clerk’s Office in Maryland at no charge. Bring a certified copy of your marriage certificate or a certificate signed by the officiant.
Final Thoughts
Getting married in Maryland is straightforward if you follow the steps. Apply at the right county courthouse, bring the right documents, wait 48 hours, and make sure your ceremony is performed by an authorized officiant.
Remember that Maryland updated its marriage license requirements in October 2025 — you now must provide your full legal name and date of birth when applying. Stay informed about any new changes by checking the Maryland Courts website or your local Circuit Court.
If you have questions about your specific situation, it is always a good idea to consult a licensed Maryland family law attorney.
References
- Maryland Family Law Code, § 2-301 – Age requirements for marriage https://law.justia.com/codes/maryland/family-law/title-2/subtitle-3/section-2-301/
- Maryland Courts – Marriage License Information https://www.mdcourts.gov/legalhelp/family/marriage
- Maryland People’s Law Library – Who May Marry in Maryland https://www.peoples-law.org/who-may-marry-maryland
- Maryland People’s Law Library – Marriage License and Ceremony https://www.peoples-law.org/license-officiation
- 2025 Legislative Updates: Family Law – Maryland Volunteer Lawyers Service (HB0323) https://mvlslaw.org/2025-legislative-updates-family-law/
- Montgomery County Circuit Court – Marriage License https://www.montgomerycountymd.gov/cct/marriage-license.html
