Marriage
What is Maine's Law on Marriage
Under Maine statute, “Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law” (see 19-A MRSA 650-A). 19-A MRSA §701 prohibits the following types of marriages: marriage outside of Maine to evade law, certain marriages performed in another state not recognized in Maine, marriage among family members within certain degrees of consanguinity, polygamy, and marriage of persons subject to guardianship without the approval of the appointed guardian.
19-A MRS §651(1) establishes where couples should obtain a marriage license. For information about the requirements to obtain a marriage license, see the Maine.gov website on this topic.
According to 19-A MRS §652, “A marriage license may not be issued to persons who are 17 years of age without the written consent of their parents, guardians or persons to whom a court has given custody.”
There is no statutory language concerning common law marriage in Maine. A Maine Supreme Judicial Court case states that “common law marriages are not recognized as valid under the laws of the state” (Pierce v. Secretary of U.S. Dept. of Health, Education and Welfare, 254 A.2d 46 (1969).
To obtain copies of marriage records in Maine from 1892-1955, contact the Maine State Archives. To obtain certified copies of marriage records from 1923 to the present, contact the Maine Office of Vital Records. Certified copies of marriage records from 1923 to present can also be obtained from the city or town where the event took place. To obtain divorce records from 1892 through the present, contact the Maine Office of Vital Records.
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10/16/2024 A-Z List
The Law and Legislative Reference Library provides this website for informational purposes only. It does not constitute an interpretation of the law, legal advice, or a legal opinion. There might be other statutes, rules, ordinances, or case law that are relevant to this topic. For advice on a specific legal matter, you need to contact an attorney.