I went to court in MD with my boyfriend to request a marriage license today. However, we find out there are something still hard to go through between us and we really want to wait. It looks like the marriage will be effective after 48 hours. We haven't had a ceremony yet. What should we do If we really want to wait and do not want the marriage being effectively? Is the only option a divorce?
I went to the Montgomery County Circuit Court website to find the answer for you because this is not a common question. In fact, I have never heard this question before. However, because it is a good question, I decided that not only do you need to know the answer, but so do I. I copied and pasted above the link to the Montgomery County Circuit Court where it contains information about marriage licenses in Montgomery County, Maryland. There it states: "Waiting Period: After application, the license, which is not effective until 6:00 a.m. on the second calendar day, will be issued. (i.e. 48 hour waiting period) The license must be used within 6 months (you must marry within 6 months or the license will be void)." I understand this language to mean that the license simply grants you the right to get married, but that it does not in itself constitute the marriage ceremony, the act of getting married. Therefore, if my understanding is correct, then you may go back to where you obtained the marriage license, explain your position, then ask that the marriage license be canceled. Out of curiosity, I only ask that you call me to let me know how this turned out at the Montgomery County Circuit Court. This will increase my knowledge on this very specific and detailed point, and is a way of your saying "thank you" for my efforts in digging up the answer for you. (410) 381-1656. David Mahood, Esq.
This answer is designed to provide general information only, does not constitute legal advice and does not establish an attorney/client relationship. I am an attorney licensed in Maryland and California. A consultation and retainer will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.