About Marriage Law in Maine, United States
Marriage in Maine is governed by state laws that define who can marry, the legal process for getting married, and the rights and responsibilities that come with marriage. Maine recognizes both same-sex and opposite-sex marriages and requires couples to follow specific procedures to be legally wed. The state also outlines the legal effects of marriage regarding property, finances, children, and more. Understanding Maine’s marriage laws is important for anyone planning to get married or seeking legal guidance about marriage in the state.
Why You May Need a Lawyer
While many people are able to navigate the marriage process without legal help, there are several situations in which consulting a lawyer in Maine is beneficial. Some common reasons include:
- Creating or reviewing prenuptial or postnuptial agreements.
- Addressing complex financial or property issues prior to marriage.
- Navigating marriage when one or both parties have children from previous relationships.
- Understanding immigration consequences for marriage to a non-citizen.
- Clarifying rights and responsibilities, especially for same-sex couples or marriages involving significant age or cultural differences.
- Assisting with legal name changes resulting from marriage.
- Seeking annulment or dissolving a marriage.
- Protecting assets or planning for inheritance and estate matters.
Local Laws Overview
Maine has specific laws and procedures for marriage, which are important to keep in mind:
- Age requirements: Both parties must be at least 18 years old to marry without parental consent. Individuals aged 16 and 17 may marry with parental consent and, if under 16, with approval from the probate court.
- Marriage license: Couples must apply for a marriage license from the municipal clerk’s office. There is no waiting period; the license is valid immediately and for 90 days.
- Solemnization: A marriage must be officiated by an authorized officiant, which can include certain public officials, justices of the peace, notaries, or recognized religious figures.
- Prohibited marriages: Maine prohibits marriage between blood relatives closer than first cousins, and does not allow bigamy or polygamy.
- Common law marriage: Maine does not recognize common law marriages formed within the state, but may recognize those legally established elsewhere.
- Name change: Either spouse may change their surname following marriage by designating the new name on the marriage license application.
- Same-sex marriage: Legal in Maine since 2012, with equal rights and obligations as opposite-sex marriages.
- Divorce and annulment: Laws are in place governing the dissolution or annulment of marriage, addressing division of property, support, and care of children.
Frequently Asked Questions
Who can get married in Maine?
Any two individuals who are at least 18 years old and not closely related by blood can marry in Maine, regardless of sex or gender.
Do we have to be residents of Maine to marry there?
No, non-residents may marry in Maine. However, they must file for a marriage license in the municipality where the marriage will occur.
How do we apply for a marriage license?
Both parties must apply in person at a municipal clerk's office with valid identification and, if previously married, documentation of a divorce or spouse’s death.
Is there a waiting period after receiving the marriage license?
No, there is no waiting period. The marriage license is valid for use immediately after issuance.
Who can perform our wedding ceremony?
Authorized officiants include justices of the peace, notaries public, lawyers, judges, or ordained or licensed religious officials.
Can we change our surname after marriage?
Yes, either spouse may take the other’s surname or combine names, provided the change is indicated on the marriage license application.
Is same-sex marriage legal in Maine?
Yes, Maine recognizes and fully supports same-sex marriages with equal legal rights and responsibilities.
What are the legal consequences of marriage in Maine?
Marriage affects property rights, tax filings, inheritance, and can establish obligations regarding spousal support and child care in the event of separation or divorce.
Does Maine recognize common law marriage?
Maine does not create common law marriages, but may recognize those established in other jurisdictions according to their laws.
Can underage individuals get married in Maine?
Individuals aged 16 or 17 can marry with parental consent. Those under 16 must obtain court approval.
Additional Resources
There are several resources available for those seeking legal advice about marriage in Maine:
- Maine Department of Health and Human Services - Vital Records: For information on marriage license requirements and applications.
- Maine Judicial Branch: For details on marriage laws, divorce, annulment, and court processes.
- Local municipal clerks’ offices: The primary point of contact for marriage license applications.
- Legal aid organizations in Maine: Such as Pine Tree Legal Assistance, for those who need legal help but cannot afford private counsel.
- Family law attorneys: For personalized help with marriage contracts, property rights, or complex legal matters.
Next Steps
If you need legal assistance related to marriage in Maine, consider the following steps:
- Determine the nature of your legal question or concern, whether it’s about getting married, prenuptial agreements, name changes, divorce, or another issue.
- Contact your local municipal clerk’s office for guidance on marriage applications or required paperwork.
- Consult a family law attorney for personalized legal advice, especially if your situation involves significant assets, prior marriages, or children.
- If affordability is a concern, reach out to a local legal aid organization for potential assistance.
- Gather all necessary documentation, such as identification, previous divorce decrees, or death certificates, before meeting with a legal professional or applying for a license.
- Ask specific questions and make sure you understand your rights and obligations before proceeding.
Seeking professional legal advice can ensure your rights are protected and that you comply with all Maine marriage laws.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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