Family Law - Marriage License Applications - Appearance and Affidavits
HB0095 amends Maryland’s marriage license application procedures in Family Law § 2-402. The bill changes the default rule so that both parties to be married, rather than only one party, must appear before the circuit court clerk to apply for a marriage license, provide the required personal information under oath, sign the application, and submit the required identifying documents. It also updates the statute to clarify that, in certain circumstances, the clerk may accept affidavits instead of an in-person application.
The bill expands the affidavit option in two ways. First, for nonresident couples applying in the county where the ceremony will occur, the clerk may accept an affidavit from both parties instead of the standard application. Second, it creates a new exception for a party who cannot appear in person because of military service, hospitalization, incarceration, or other good cause shown; in those cases, the clerk may accept an affidavit from both parties on a court administrator-provided form, with the clerk authorized to request supporting documentation. The bill also makes conforming changes to the confidentiality provision governing disclosure of a marriage license application before the license becomes effective.
HB0095 would amend the state’s marriage license application process by changing who must appear before the clerk and by codifying additional affidavit-based exceptions. It directly affects Article – Family Law, § 2-402 of the Annotated Code of Maryland, shifting the standard application procedure from one-party appearance to both parties’ appearance, while preserving and expanding limited alternatives for nonresident couples and for parties unable to appear due to military service, hospitalization, incarceration, or other good cause. Clerks of circuit court would have new responsibilities to review affidavits and potentially request proof supporting the claimed inability to appear.
The available legislative history suggests the bill was received favorably in the House, where the committee reported it favorably with amendments and the House adopted it. No committee transcript or recorded vote data is provided, so there is no detailed public record here of opposition or debate. Overall, the bill appears to have been treated as a procedural family-law measure with limited controversy, though the amendments indicate some refinement of the affidavit provisions during consideration.
The main point of potential contention is the shift from allowing one party to appear for a marriage license application to requiring both parties to appear in the ordinary case. That change could be viewed as adding administrative burden or reducing convenience for couples, especially those with scheduling, travel, or safety constraints. At the same time, the bill’s new affidavit exception for military service, hospitalization, incarceration, or other good cause suggests concern about preserving access in hardship cases, and the clerk’s authority to request additional documentation may also raise questions about how strictly those exceptions would be applied. No specific opposing stakeholders are identified in the provided materials.