Maryland Marriage Laws

§ 2-406 - Performance of ceremony

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Maryland Code - Family Law - Title 2. Marriage - Subtitle 4: Licensing and Performance § 2-406

Performance of ceremony

(a) Authorized officials.- (1) In this subsection, "judge" means: (i) a judge of the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; (ii) a judge approved under Article IV, § 3A of the Maryland Constitution and § 1-302 of the Courts Article for recall and assignment to the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; (iii) a judge of a United States District Court, a United States Court of Appeals, or the United States Tax Court; or (iv) a judge of a state court if the judge is active or retired but eligible for recall. (2) A marriage ceremony may be performed in this State by: (i) any official of a religious order or body authorized by the rules and customs of that order or body to perform a marriage ceremony; (ii) any clerk; (iii) any deputy clerk designated by the county administrative judge of the circuit court for the county; or (iv) a judge. (b) Period during which ceremony may be performed.- Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license. (c) Performance by unauthorized individual prohibited; penalty.- (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) Performance between individuals within prohibited degrees prohibited; penalty.- (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) Performance without license prohibited; penalty.- (1) An individual may not perform a marriage ceremony without a license that is effective 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) Ceremony performed by a clerk or deputy clerk.- 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) Forms of religious ceremonies.- 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.

[An. Code 1957, art. 27, §§ 392, 394; art. 62, §§ 3A, 4, 15; 1984, ch. 296, § 2; 1999, ch. 336, § 2; 2002, ch. 207; 2004, ch. 199; 2009, ch. 324.]

solemnization of marriage
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solemnization of marriage
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