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					Common – law Marriage

Alabama
The requirements for a common-law marriage are: "(1) capacity; (2) present agreement or mutual consent to enter
into the marriage relationship ...; (3) public recognition of the existence of the marriage; and (4) cohabitation or
mutual assumption openly of marital duties and obligations."
 Colorado
The elements of a common-law marriage are, if both spouses: (1) are legally free to contract a valid ceremonial
marriage, (2) hold themselves out as husband and wife; (3) consent to the marriage; (4) cohabitate; and (5) have the
reputation in the community as being married
Effective September 1, 2006, Colorado no longer recognizes common law marriages, regardless of where the
marriage was entered into, where the parties are not both eighteen years of age or older.
 District of Columbia
The elements of a common-law marriage are: (1) "an express, mutual, present intent and agreement to be husband
and wife"; "followed by" (2) "cohabitation in good faith."
Iowa
"The three elements of a common-law marriage are: (1) the present intent and agreement to be married; (2)
continuous cohabitation; and (3) public declaration that the parties are husband and wife.
Kansas
Under Kansas Statute 23-101 (2002), both parties to a common-law marriage must be 18 years old. The three
requirements that must coexist to establish a common-law marriage in Kansas are: (1) capacity to marry; (2) a
present marriage agreement; and (3) a holding out of each other as husband and wife to the public.
Montana
A common-law marriage is established when a couple: "(1) is competent to enter into a marriage, (2) mutually
consents and agrees to a common law marriage, and (3) cohabits and is reputed in the community to be husband and
wife."
New Hampshire
"Persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the
period of 3 years," are recognized by the state as being legally married after one spouse dies.
Oklahoma
The criteria for a common-law marriage are: (1) "an actual and mutual agreement between the spouses to be
husband and wife;" (2) "a permanent relationship;" (3) "an exclusive relationship, proved by cohabitation as man
and wife;" and (4) "the parties to the marriage must hold themselves out publicly as husband and wife."
Rhode Island
The criteria for a common-law marriage are: (1) the parties seriously intended to enter into the husband-wife
relationship; (2) the parties’ conduct is of such a character as to lead to a belief in the community that they were
married.
 South Carolina
The criteria for a common law marriage are: (1) when two parties have a present intent (usually, but not necessarily,
evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement
between the parties to assume toward each other the relation of husband and wife."
 ***this section needs updating. the reference actually says all marriages entered into by persons under the age of
sixteen are null and void ab initio*** For this law to apply the minimum time the couple have lived together
continuously had to have exceeded 30 days.
Texas
Common-law marriage is known as an "informal marriage," which can be established either by declaration
(registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of
(1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are
married. While in the actual wording of the law there is no specification on the length of time that a couple must
cohabitate to meet the second requirement of the 3-prong test, it is understood within Texas law that cohabitation
must occur for an extended period of time, usually two years, but in certain cases where the situation is more
complicated and other factors are involved, three years can be the requisite time period. However, if a couple does
not commence a proceeding to prove their relationship was a marriage within two years of the end of their
cohabitation and relationship, by law the marriage never existed in the first place, and no agreement to be married
was ever present.

[edit] Utah


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For a common-law marriage to be legal and valid, "a court or administrative order must establish that it arises out of
a contract between a man and a woman" who: (1) "are of legal age and capable of giving consent"; (2) "are legally
capable of entering a solemnized marriage under the provisions of Title 30, Chap. 1 of the Utah Code; (3) "have
cohabited"; (4) "mutually assume marital rights, duties, and obligations"; and (5) "who hold themselves out as and
have acquired a uniform and general reputation as husband and wife" (See Utah Code Ann. 30-1-4.5 (2004)).



(750 ILCS 5/212) (from Ch. 40, par. 212)
  Sec. 212. Prohibited Marriages.
  (a) The following marriages are prohibited:
     (1) a marriage entered into prior to the dissolution
   of an earlier marriage of one of the parties;

     (2) a marriage between an ancestor and a descendant
   or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;

     (3) a marriage between an uncle and a niece or
   between an aunt and a nephew, whether the relationship is by the half or the whole blood;

    (4) a marriage between cousins of the first degree;
   however, a marriage between first cousins is not prohibited if:

       (i) both parties are 50 years of age or older; or
       (ii) either party, at the time of application
     for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be
solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is
permanently and irreversibly sterile;

     (5) a marriage between 2 individuals of the same sex.
  (b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the
impediment are lawfully married as of the date of the removal of the impediment.
  (c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.
(Source: P.A. 94‑ 229, eff. 1‑ 1‑ 06.)




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PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 207. MARRIAGE
NOTICE OF INTENTION OF MARRIAGE
Chapter 207: Section 19. Situs; time; fees
Section 19. Persons intending to be joined in marriage in the commonwealth shall, not less than three days before
their marriage, jointly cause notice of their intention to be filed in the office of the clerk or registrar of any city or

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town in the commonwealth, and pay the fee provided by clause (42) of section thirty-four of chapter two hundred
and sixty-two. In computing the three day period specified in this section and in determining the third day referred to
in section twenty-eight, Sundays and holidays shall be counted.

Chapter 207: Section 20. Written notice; oath
Section 20. The clerk shall require written notice of intention of marriage, on forms furnished by the state registrar
of vital records and statistics, containing such information as is required by law and also a statement of absence of
any legal impediment to the marriage, to be given before such town clerk under oath by both of the parties to the
intended marriage; provided, that if a registered physician makes affidavit to the satisfaction of the town clerk that a
party is unable, by reason of illness, to appear, such notice may be given on behalf of such party, by his or her parent
or legal guardian, or, in case there is no parent or legal guardian competent to act, or by the other party. Said forms
containing the parties’ written notice of intent to marry shall constitute a public record. In addition to such forms, the
town clerk shall also require the parties to furnish information required for a separate report to be transmitted to the
state registrar, including the social security number and residence address of both parties and such other information
as may be required by state or federal law. A copy of said report shall not be retained by the town clerk nor shall it
constitute a public record. The state registrar may make the information contained in said separate report available to
the IV-D agency as set forth in chapter 119A and to such other state or federal agencies as may be required by state
or federal law. In case of persons, one or both of whom are in the armed forces, such notice may be given by either
party, provided that one is domiciled within the commonwealth. In the case of persons, one of whom is incarcerated
in a county house of correction, or a state correctional facility, such notice shall be given by either party to the
intended marriage. The oath or affirmation to such notice shall be to the truth of all the statements contained therein
whereof the party subscribing the same could have knowledge, and may be given before the town clerk or before a
regularly employed clerk in his office designated by him in writing and made a matter of record in the office. No fee
shall be charged for administering such oath or affirmation. In towns having an assistant town clerk, he may
administer the oath.

Chapter 207: Section 23. Notice; time and situs of receiving
Section 23. The clerk or registrar need not receive notices of intention of marriage on Sunday or a legal holiday, nor
at any place except his office

Chapter 207: Section 28. Certificate of intention of marriage; delivery; time
Section 28. On or after the third day from the filing of notice of intention of marriage, except as otherwise provided,
but not in any event later than sixty days after such filing, the clerk or registrar shall deliver to the parties a
certificate signed by him, specifying the date when notice was filed with him and all facts relative to the marriage
which are required by law to be ascertained and recorded, except those relative to the person by whom the marriage
is to be solemnized. Such certificate shall be delivered to the minister or magistrate before whom the marriage is to
be contracted, before he proceeds to solemnize the same. If such certificate is not sooner used, it shall be returned to
the office issuing it within sixty days after the date when notice of intention of marriage was filed.

Chapter 207: Section 35. Refusal of certificate
Section 35. The clerk or registrar may refuse to issue a certificate if he has reasonable cause to believe that any of
the statements contained in the notice of intention of marriage are incorrect; but he may, in his discretion, accept
depositions under oath, made before him, which shall be sufficient proof of the facts therein stated to authorize the
issuing of a certificate. He may also dispense with the statement of any facts required by law to be given in a notice
of intention of marriage, if they do not relate to or affect the identification or age of the parties, or a former marriage
of either party, if he is satisfied that the same cannot with reasonable effort be obtained.

Chapter 207: Section 38. Situs; persons authorized
Section 38. A marriage may be solemnized in any place within the commonwealth by the following persons who are
residents of the commonwealth: a duly ordained minister of the gospel in good and regular standing with his church
or denomination, including an ordained deacon in The United Methodist Church or in the Roman Catholic Church; a
commissioned cantor or duly ordained rabbi of the Jewish faith; by a justice of the peace if he is also clerk or
assistant clerk of a city or town, or a registrar or assistant registrar, or a clerk or assistant clerk of a court or a clerk
or assistant clerk of the senate or house of representatives, by a justice of the peace if he has been designated as
provided in the following section and has received a certificate of designation and has qualified thereunder; an
authorized representative of a Spiritual Assembly of the Baha’is in accordance with the usage of their community; a
priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and
ordained by a local church; a leader of an Ethical Culture Society which is duly established in the commonwealth

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and recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the
American Ethical Union; the Imam of the Orthodox Islamic religion; and, it may be solemnized in a regular or
special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in
accordance with the usage of their Society; and, it may be solemnized by a duly ordained nonresident minister of the
gospel if he is a pastor of a church or denomination duly established in the commonwealth and who is in good and
regular standing as a minister of such church or denomination, including an ordained deacon in The United
Methodist Church or in the Roman Catholic Church; and, it may be solemnized according to the usage of any other
church or religious organization which shall have complied with the provisions of the second paragraph of this
section.
Churches and other religious organizations shall file in the office of the state secretary information relating to
persons recognized or licensed as aforesaid, and relating to usages of such organizations, in such form and at such
times as the secretary may require.


New York

§ 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or
illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half
blood; 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoing provisions of this
section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than
one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not
exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage, or procure or aid in
the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like
manner.

§ 6. Void marriages. A marriage is absolutely void if contracted by a person whose husband or wife by a former
marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other
than the adultery of such person; provided, that if such former marriage has been dissolved for the cause of the
adultery of such person, he or she may marry again in the cases provided for in section eight of this chapter and such
subsequent marriage shall be valid; 3. Such former marriage has been dissolved pursuant to section seven-a of this
chapter.

§ 10. Marriage a civil contract. Marriage, so far as its validity in law is concerned, continues to be a civil contract, to
which the consent of parties capable in law of making a contract is essential.

§ 11. By whom a marriage must be solemnized. No marriage shall be valid unless solemnized by either: 1. A
clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical
Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of The
Brooklyn Society for Ethical Culture, having its principal office in the borough of Brooklyn of the city of New
York, or of the Westchester Ethical Society, having its principal office in Westchester county, or of the Ethical
Culture Society of Long Island, having its principal office in Nassau county, or of the Riverdale-Yonkers Ethical
Society having its principal office in Bronx county, or by the leader of any other Ethical Culture Society affiliated
with the American Ethical Union. 2. A mayor of a village, a county executive of a county, or a mayor, recorder, city
magistrate, police justice or police magistrate of a city, a former mayor or the city clerk of a city of the first class of
over one million inhabitants or any of his or her deputies or not more than four regular clerks, designated by him or
her for such purpose as provided in section eleven-a of this chapter, except that in cities which contain more than
one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police
justice, and by no other officer of such city, except as provided in subdivisions one and three of this section. 3. A
judge of the federal circuit court of appeals for the second circuit, a judge of a federal district court for the northern,
southern, eastern or western district of New York, a judge of the United States court of international trade, a federal
administrative law judge presiding in this state, a justice or judge of a court of the unified court system, a housing
judge of the civil court of the city of New York, a retired justice or judge of the unified court system or a retired
housing judge of the civil court of the city of New York certified pursuant to paragraph (k) of subdivision two of
section two hundred twelve of the judiciary law, the clerk of the appellate division of the supreme court in each
judicial department or a county clerk of a county wholly within cities having a population of one million or more; or,
4. A written contract of marriage signed by both parties and at least two witnesses, all of whom shall subscribe the
same within this state, stating the place of residence of each of the parties and witnesses and the date and place of
marriage, and acknowledged before a judge of a court of record of this state by the parties and witnesses in the

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manner required for the acknowledgment of a conveyance of real estate to entitle the same to be recorded. 5.
Notwithstanding any other provision of this article, where either or both of the parties is under the age of eighteen
years a marriage shall be solemnized only by those authorized in subdivision one of this section or by (1) the mayor
of a city or village, or county executive of a county, or by (2) a judge of the federal circuit court of appeals for the
second circuit, a judge of a federal district court for the northern, southern, eastern or western district of New York,
a judge of the United States court of international trade, or a justice or a judge of a court of the unified court system,
or by (3) a housing judge of the civil court of the city of New York, or by (4) a former mayor or the clerk of a city of
the first class of over one million inhabitants or any of his or her deputies designated by him or her for such
purposes as provided in section eleven-a of this chapter. 6. Notwithstanding any other provisions of this article to the
contrary no marriage shall be solemnized by a public officer specified
in this section, other than a judge of a federal district court for the northern, southern, eastern or western district of
New York, a judge of the United States court of international trade, a federal administrative law judge presiding in
this state, a judge or justice of the unified court system of this State, a housing judge of the civil court of the city of
New York, or a retired judge or justice of the unified court system or a retired housing judge of the civil court
certified pursuant to paragraph (k) of subdivision two of section two hundred twelve of the judiciary law, outside the
territorial jurisdiction in which he or she was elected or appointed. Such a public officer, however, elected or
appointed within the city of New York may solemnize a marriage anywhere within such city. 7. The term
"clergyman" or "minister" when used in this article, shall include those defined in section two of the religious
corporations law. The word "magistrate, " when so used, includes any person referred to in the second or third
subdivision.

§ 12. Marriage, how solemnized. No particular form or ceremony is required when a marriage is solemnized as
herein provided by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman
or magistrate and the attending witness or witnesses that they take each other as husband and wife. In every case, at
least one witness beside the clergyman or magistrate must be present at the ceremony. The preceding provisions of
this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the
people called friends or quakers; nor marriages among the people of any other denominations having as such any
particular mode of solemnizing marriages; but such marriages must be solemnized in the manner heretofore used
and practiced in their respective societies or denominations, and marriages so solemnized shall be as valid as if this
article had not been enacted.

§ 13. Marriage licenses. It shall be necessary for all persons intended to be married in New York state to obtain a
marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the
clergyman or magistrate who is to officiate before the marriage ceremony may be performed. In case of a marriage
contracted pursuant to subdivision four of section eleven of this chapter, such license shall be delivered to the judge
of the court of record before whom the acknowledgment is to be taken. If either party to the marriage resides upon
an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which
such island is a part, and if such office or residence is not on such island such license may be obtained from any
justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage
licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or
affidavits received by him while acting under the provisions of this section with the town clerk of such town.


California Family Law

FAMILY.CODE
SECTION 300-310



300. Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division, except as provided by Section 425 and Part 4 (commencing
with Section 500).


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300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division, except as provided by Section 425 and Part 4 (commencing
with Section 500).
  (b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.



301. An unmarried male of the age of 18 years or older, and an
unmarried female of the age of 18 years or older, and not otherwise
disqualified, are capable of consenting to and consummating marriage.



302. An unmarried male or female under the age of 18 years is
capable of consenting to and consummating marriage if each of the
following documents is filed with the county clerk issuing the
marriage license:
  (a) The written consent of the parents of each underage person, or
of one of the parents or the guardian of each underage person.
  (b) A court order granting permission to the underage person to
marry, obtained on the showing the court requires.



302. (a) An unmarried male or female under the age of 18 years is
capable of consenting to and consummating marriage upon obtaining a
court order granting permission to the underage person or persons to
marry.
  (b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk at
the time the marriage license is issued.



303. If it appears to the satisfaction of the court by application
of a minor that the minor requires a written consent to marry and
that the minor has no parent or has no parent capable of consenting,
the court may make an order consenting to the issuance of a marriage
license and granting permission to the minor to marry. The order
shall be filed with the county clerk at the time the license is
issued.



303. If it appears to the satisfaction of the court by application
of a minor that the minor requires a written consent to marry and
that the minor has no parent or has no parent capable of consenting,
the court may make an order consenting to the issuance of a marriage

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license and granting permission to the minor to marry. The order
shall be filed with the clerk of the court and a certified copy of
the order shall be presented to the county clerk at the time the
marriage license is issued.



304. As part of the court order granting permission to marry under
Section 302 or 303, the court shall require the parties to the
prospective marriage of a minor to participate in premarital
counseling concerning social, economic, and personal responsibilities
incident to marriage, if the court considers the counseling to be
necessary. The parties shall not be required, without their consent,
to confer with counselors provided by religious organizations of any
denomination. In determining whether to order the parties to
participate in the premarital counseling, the court shall consider,
among other factors, the ability of the parties to pay for the
counseling. The court may impose a reasonable fee to cover the cost
of any premarital counseling provided by the county. The fees shall
be used exclusively to cover the cost of the counseling services
authorized by this section.



305. Consent to and solemnization of marriage may be proved under
the same general rules of evidence as facts are proved in other
cases.


306. Except as provided in Section 307, a marriage shall be
licensed, solemnized, and authenticated, and the certificate of
registry of marriage shall be returned as provided in this part.
Noncompliance with this part by a nonparty to the marriage does not
invalidate the marriage.



306. Except as provided in Section 307, a marriage shall be
licensed, solemnized, and authenticated, and the authenticated
marriage license shall be returned to the county recorder of the
county where the marriage license was issued, as provided in this
part. Noncompliance with this part by a nonparty to the marriage does
not invalidate the marriage.



307. This division, so far as it relates to the solemnizing of
marriage, is not applicable to members of a particular religious
society or denomination not having clergy for the purpose of
solemnizing marriage or entering the marriage relation, if all of the
following requirements are met:
  (a) The parties to the marriage make, sign, and endorse on or
attach to the license a statement, in the form prescribed by the
State Department of Health Services, showing all of the following:
  (1) The fact, time, and place of entering into the marriage.
  (2) The signatures and places of residence of two witnesses to the
ceremony.
  (3) The religious society or denomination of the parties to the

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marriage, and that the marriage was entered into in accordance with
the rules and customs of that religious society or denomination. The
statement of the parties to the marriage that the marriage was
entered into in accordance with the rules and customs of the
religious society or denomination is conclusively presumed to be
true.
  (b) The License and Certificate of Declaration of Marriage,
endorsed pursuant to subdivision (a), is returned to the county
recorder of the county in which the license was issued within 30 days
after the ceremony.


307. This division, so far as it relates to the solemnizing of
marriage, is not applicable to members of a particular religious
society or denomination not having clergy for the purpose of
solemnizing marriage or entering the marriage relation, if all of the
following requirements are met:
  (a) The parties to the marriage sign and endorse on the form
prescribed by the State Department of Health Services, showing all of
the following:
  (1) The fact, time, and place of entering into the marriage.
  (2) The printed names, signatures, and mailing addresses of two
witnesses to the ceremony.
  (3) The religious society or denomination of the parties to the
marriage, and that the marriage was entered into in accordance with
the rules and customs of that religious society or denomination. The
statement of the parties to the marriage that the marriage was
entered into in accordance with the rules and customs of the
religious society or denomination is conclusively presumed to be
true.
  (b) The License and Certificate of Non-Clergy Marriage, endorsed
pursuant to subdivision (a), is returned to the county recorder of
the county in which the license was issued within 10 days after the
ceremony.



308. A marriage contracted outside this state that would be valid
by the laws of the jurisdiction in which the marriage was contracted
is valid in this state.



308.5. Only marriage between a man and a woman is valid or
recognized in California.



309. If either party to a marriage denies the marriage, or refuses
to join in a declaration of the marriage, the other party may
proceed, by action, to have the validity of the marriage determined
and declared.


309. If either party to a marriage denies the marriage, or refuses
to join in a declaration of the marriage, the other party may
proceed, by action pursuant to Section 103450 of the Health and
Safety Code, to have the validity of the marriage determined and

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declared.



310. Marriage is dissolved only by one of the following:
  (a) The death of one of the parties.
  (b) A judgment of dissolution of marriage.
  (c) A judgment of nullity of marriage.


Maryland Family Code

§ 2-202.
(a) Any marriage performed in this State that is prohibited by this section is void.
(b) (1) A man may not marry his:
(i) grandmother;
(ii) mother;
(iii) daughter;
(iv) sister; or
(v) granddaughter.
(2) A woman may not marry her:
(i) grandfather;
(ii) father;
(iii) son;
(iv) brother; or
(v) grandson.
(3) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is
subject to a fine of $1,500 or to permanent banishment from this State.
(c) (1) A man may not marry his:
(i) grandfather's wife;
(ii) wife's grandmother;
(iii) father's sister;
(iv) mother's sister;
(v) stepmother;
(vi) wife's mother;
(vii) wife's daughter;
(viii) son's wife;
(ix) grandson's wife;
(x) wife's granddaughter;
(xi) brother's daughter; or
(xii) sister's daughter.
(2) A woman may not marry her:
(i) grandmother's husband;
(ii) husband's grandfather;
(iii) father's brother;
(iv) mother's brother;
(v) stepfather;
(vi) husband's father;
(vii) husband's son;
(viii) daughter's husband;
(ix) husband's grandson;
(x) brother's son;
(xi) sister's son; or
(xii) granddaughter's husband.
(3) An individual who violates any provision of this subsection is

§ 2-402.
(a) An applicant for a license may apply to the clerk only at the office of the clerk during regular office hours.

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(b) Except as provided in subsections (d) and (e) of this section, to apply for a license, 1 of the parties to be married
shall:
(1) appear before the clerk and give, under oath, the following information, which shall be placed on an application
form by the clerk:
(i) the full name of each party;
(ii) the place of residence of each party;
(iii) the age of each party;
(iv) whether the parties are related by blood or marriage and, if so, in which degree of relationship;
(v) the marital status of each party; and
(vi) whether either party was married previously, and the date and place of each death or judicial determination that
ended any former marriage; and
(2) sign the application form.
(c) (1) The license application shall provide spaces for the voluntary disclosure of the Social Security numbers of the
parties.
(2) The clerk shall place Social Security numbers that are disclosed under this subsection on the marriage license
certificate forms required under § 2-403 of this subtitle.
(d) If the parties to be married are not residents of the county where the marriage ceremony is to be performed, the
clerk shall accept, instead of the application specified in subsection (b) of this section, an affidavit from 1 of the
parties to be married. The affidavit shall:
(1) contain the information required by subsection (b) of this section; and
(2) be sworn to under oath before a clerk or other comparable official in the county, state, province, or country
where the party resides.
(e) In Cecil County both parties to be married shall appear together before the clerk to apply for a license.
(f) Until a license is issued, a clerk may not disclose the fact that an application for a license has been made except
to the parent or guardian of a party to be married.




§ 2-403.
(a) (1) A license shall read as follows:
"State of Maryland and County of ........... To any individual authorized by the laws of this State to perform a
marriage ceremony. You are hereby authorized to join together in matrimony according to the rules and ceremonies
of your church, society or religious sect and the laws of this State, or according to the laws of this State, ...............
(state here name of intended husband), whose place of residence is .................; whose age is ........; and who is
............... (state here whether single, widower, or divorced, as the case may be), and .......... (state here name of
intended wife), whose place of residence is ...................; and who is (state here whether single, widow, or divorced,
as the case may be), and who are ....... (state here also whether the parties to be married are in any way related).
Given under my hand and seal of the Circuit Court for ............., at ............. this ........... day of .................. A.D., one
thousand nine hundred and ..............."
(2) A license shall contain a statement that the license is valid only:
(i) for 6 months from the date it is issued; and
(ii) in the county in which it is issued.
(b) (1) Attached to a license shall be 2 certificate forms that:
(i) read, "I hereby certify that on this ............ day of ...................., one thousand nine hundred and .... at .... ..........,
............... (state here name of husband) and ............... (state here name of wife) were by me united in marriage in
accordance with the license issued by the Clerk of the Circuit Court for .................";
(ii) provide a space for the signature of the authorized official who performs the marriage ceremony; and
(iii) provide spaces for the Social Security numbers of the parties.
(2) Attached to a license, in the case of a Society of Friends marriage ceremony, shall be 2 certificate forms that:
(i) read, "We hereby certify that on this .......... day of .........., one thousand nine hundred and ........... at ........... we,
............... (state here name of husband) and ............... (state here name of wife) were united in marriage in
accordance with the ceremony of the Society of Friends and in accordance with the license issued by the Clerk of
the Circuit Court for ........";
(ii) provide spaces for the signatures of the parties and the 2 overseers of the marriage ceremony; and
(iii) provide spaces for the Social Security numbers of the parties.

§ 2-406.

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(a) A marriage ceremony may be performed in this State by:
(1) any official of a religious order or body authorized by the rules and customs of that order or body to perform a
marriage ceremony;
(2) any clerk; or
(3) any deputy clerk designated by the county administrative judge of the circuit court for the county.
(b) Within 6 months after a license is issued, any authorized official may perform the marriage ceremony of the
individuals named in the license.
(c) (1) An individual may not perform a marriage ceremony unless the individual is authorized to perform a
marriage ceremony under subsection (a) of this section.
(2) An individual who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of
$500.
(d) (1) An individual may not knowingly perform a marriage ceremony between individuals who are prohibited
from marrying under § 2-202 of this title.
(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is
subject to a fine of $500.
(e) (1) An individual may not perform a marriage ceremony without a license issued under this subtitle.
(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is
subject to a fine not exceeding $500.
(f) The county administrative judge of the circuit court for the county shall designate:
(1) when and where the clerk or deputy clerk may perform a marriage ceremony; and
(2) the form of the marriage ceremony to be recited by the clerk or deputy clerk and the parties being married.
(g) This section does not affect the right of any religious denomination to perform a marriage ceremony in
accordance with the rules and customs of the denomination.




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