Blogs from March, 2019

Sometimes your divorce happens as soon as your marriage is over. In other cases, you and your former spouse stay technically married, even while you live separate lives. Find out how a long separation can make your divorce more complicated, and how long after divorce you can remarry in Maryland.

This blog post will answer the question of how long after divorce can you remarry in Maryland, as well as explain issues that arise as part of lengthy separations, and how prenuptial agreements can protect second marriages.

Is There a Waiting Period to Remarry in Maryland?

The short answer to how long you have to wait after divorce to remarry in Maryland is easy. There is no waiting period. Technically, your judge could sign your judgment of absolute divorce in the morning and you could sign your marriage license that same afternoon.

However, you will remain married, with all the rights and obligations that attach to that status until the absolute divorce decree is entered. Even after your complaint for absolute divorce has been filed you are still married. If you and your new fiancee are trying to plan a wedding while you are still just separated from your current spouse, make sure you leave enough time to negotiate a settlement or take your case to trial. Otherwise, you may end up pushing back the date of your second wedding.

Why You Shouldn’t Wait Until You “Have” to Get Divorced

For some people, the legal divorce process is more intimidating than simply separating from their partners. In these cases, spouses can sometimes live as married but informally separated for years until one or the other needs to get divorced so they can remarry. However, a years-long separation can complicate your Maryland divorce proceedings.

In a Maryland divorce, all marital property will be equitably divided between the parties. “Marital property” means everything you or your spouse accumulated during the marriage -- from the date of the marriage until the decree of absolute divorce. That includes everything either of you acquired while you were separated.

Notably, Maryland is an “equitable distribution” state. That means your marital property won’t automatically be divided dollar-for-dollar down the middle. Instead, the court will do what is fair considering all the circumstances, including your lengthy separation. However, if you want to keep the property you accumulated during your separation, you and your divorce lawyer will need to establish the values of your property before and after your separation. Even then, if your spouse has not also been accumulating property, the court may not find it fair to award you everything after the date of separation.

There are a number of other reasons why it is better to divorce shortly after you separate. For example:

• Evidence of the value of marital assets will be easier to gather soon after separation
• Having a concrete parenting time order provides certainty
• Tax implications for parties married, but filing separately and claiming the children

What You May Want to Do Before Remarrying in Maryland

Just because your judgment of absolute divorce has been signed doesn’t always mean you should run straight to the altar, either. Beyond the emotional and sentimental reasons to wait, there is at least one legal reason to put on the brakes before you get remarried: the prenuptial agreement.

Divorcees have some of the strongest reasons to use a prenuptial agreement:

• To protect the inheritance of children from their first marriage
• To clarify separate property owned prior to remarrying
• To reduce the stress and expense if this second marriage also results in divorce

When you have already been through a divorce once, you understand the reality of the time, financial, and emotional cost involved. Rather than rushing to the courthouse or church to get remarried, take a moment with your new partner to consider what has come before, and to protect the children and property you bring with you into the new marriage.

At the Law Office of Shelly M. Ingram, our divorce lawyers understand that sometimes divorce doesn’t happen until you want to remarry. We know how to work through the complications of a lengthy separation, and can help you decide whether a prenuptial agreement is right for you in your second marriage. Contact us today to schedule a consultation with an attorney.

More and more people are living together without a legal or religious marriage ceremony. At some point in time, if you have been living with a romantic partner for several years, you may wonder whether you are in a common law marriage, or may even wonder, "Does Maryland recognize common law marriage?" The answer is a little more complicated than you might expect.

States That Recognize Common Law Marriage

The short answer is that, no, Maryland does not recognize common law marriage, in the sense that you cannot create a common law marriage while living in Maryland. That said, if you have a valid common law marriage from a state that does recognize such marriages, it will be recognized in Maryland as well.

As of this writing, the jurisdictions in which you can become married by common law include:

• Alabama
• Colorado
• District of Columbia
• Georgia (if common law marriage was created before 1/1/97)
• Idaho (if common law marriage was created before 1/1/96)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only, also known as "common law marriage by death")
• Ohio (if common law marriage created before 10/10/91)
• Oklahoma (if common law marriage created before 11/1/98—possibly. Conflict between statutory law and court cases has resulted in a lack of clarity regarding whether common law marriages created after that date are recognized.)
• Pennsylvania (if common law marriage created before 1/1/05)
• Rhode Island
• South Carolina
• Texas
• Utah (possibly; the law is unclear)

As you can see from the notations on the list, several states do not recognize new common law marriages, but do recognize those created before a certain date. Only two jurisdictions, Rhode Island and the District of Columbia, recognize common law marriage for same-sex partners. Other states, such as New Hampshire, recognize common law marriage only under limited circumstances, such as to prevent an unfair result when someone dies without an estate plan naming their long-term partner.

Do You Have a Common Law Marriage?

We've established that Maryland will recognize your common law marriage if the state in which it was created would have. Many people's next question is, "How long do we have to have lived together to be common law spouses?" Unfortunately, the answer to whether you are common law spouses is not as simple as whether you have lived together for a certain number of years.

It is a common misconception that if you have lived together for seven years, you are in a common law marriage. The reality is that there is no magic length of time. Different states have different rules, but in general, a common law marriage is created by:

• Having lived together for a given number of years (in many states, as few as one)
• Having presented yourselves to the community as husband and wife
• Intending to be married

Most states that allow common law marriage allow you to file notarized affidavits to establish your common law marriage, or file some sort of registration or declaration of an informal marriage. Falsely filing such documents is a felony in some states, so this is not something to do lightly. However, after you have met the requirements of a state for common law marriage, you will be treated for legal purposes like any other married couple.

Protecting Your Rights in a Long-Term Relationship

If you live in Maryland, and your relationship does not qualify as a common law marriage, there are still steps you can take to protect your rights in your relationship. To allow your partner to inherit from you, for instance, you can create a will or trust naming them as a beneficiary. Likewise, to enable them to make medical or financial decisions for you if you are unable to, you can execute a power of attorney designed for that purpose and name them as your agent. They can, of course, do the same for you.

As with most types of contracts, you do not, strictly speaking, need an attorney to create a cohabitation agreement. That said, it is wise to at least have your agreement reviewed (if not drafted) by your own attorney.

In Maryland, you can also create a cohabitation agreement. This is a contract, enforceable in court, that sets forth your agreement with your partner about how you are going to handle certain aspects of your relationship. Cohabitation agreements often focus on financial issues, such as management of debt or ownership of certain property, but may cover much more, down to responsibilities for chores around the house and how disagreements about interpreting the contract should be resolved. Even if you never need to have the contract enforced, the act of making it forces you and your partner to articulate your understanding of the relationship and your values, which should strengthen your relationship and prevent misunderstandings.

As with most types of contracts, you do not, strictly speaking, need an attorney to create a cohabitation agreement. That said, it is wise to at least have your agreement reviewed (if not drafted) by your own attorney, and not rely on your partner's attorney or your partner's good intentions. Consulting an attorney will help you protect your interests and ensure that you understand any obligations you are undertaking by signing the agreement.

If you are reading this blog post not because you want to create a common law marriage, but because you are unsure whether you are in one or what your rights are, consult an experienced family law attorney. An attorney can help you understand what the law is, how it applies to your particular situation, and how best to achieve your goals in light of those facts.