Legal Question in Family Law in Maryland

Being Legally Married and Living with Someone Else

Do I have to get a divorce as I left my wife 13 years ago, and have lived unmarried, with another woman for the past past 12 years. In this State is there a common law marriage, and if there is what would be my next legal step?


Asked on 4/07/98, 9:52 pm

2 Answers from Attorneys

Family Law-Should You Get a Divorce?

Sir:

You asked whether you should get a divorce fromyour wife and stated that your separation was13 years ago. Maryland does not recognize common law marriages.

Remember that were you to die before your wife,then, she is entitled to inherit from yourestate--with or without your having a Will.Since your marriage is apparently dead--youshould have the court decree same.

Property division: Also, remember that bothyou and your wife have a reciprocal interestin the other's retirement pension and any other marital property that you and she mayhave purchased during the marriage...beforeand after the separation. You and she shouldconsider reaching an agreement as to how allof the marital property is to be divided,who is to assume what amount of the maritaldebts acquired during the marriage, etc..

Get an Absolute Divorce.

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Answered on 4/20/98, 6:55 am

Domestic Question, wife and "wife"

No, there is no common law marriage in Maryland. Eitheryou get married through the legal process, or you do not.

You should hire an attorney, and file for divorce.

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Answered on 4/20/98, 5:29 pm


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