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The legalization of same-sex marriage brought joy to countless couples in Maryland and across the United States. However, as with any marriage, same-sex couples may face challenges that lead to the difficult decision to divorce. While the process of divorce is largely the same for all couples, there are unique legal considerations that same-sex couples may encounter. This blog aims to explore these issues, helping same-sex spouses understand what to expect and how to navigate the divorce process in Maryland.
The Legal Framework for Same-Sex Divorce in Maryland
In Maryland, same-sex marriage was legalized in 2013, two years before the Supreme Court's landmark decision in Obergefell v. Hodges in 2015, which legalized same-sex marriage nationwide. As a result, same-sex couples in Maryland are subject to the same divorce laws as opposite-sex couples. The legal standards for division of assets, alimony, child custody, and other aspects of divorce apply equally to all couples.
However, due to the relatively recent recognition of same-sex marriages, there are unique factors that can affect the divorce process for these couples. Below, we will examine some of the critical legal considerations to keep in mind.
Unique Legal Considerations for Same-Sex Divorce
1. Determining the Length of the Marriage
The length of a marriage is an essential factor in divorce proceedings, influencing decisions on spousal support (alimony) and the division of marital assets. For same-sex couples, determining the length of the marriage can be complicated. Some couples may have been together for many years before they were legally able to marry. If you lived together or shared finances long before marriage, you might want to have these factors considered in the division of assets or alimony.
In Maryland, the law recognizes only the time from the legal marriage date to the date of separation or divorce when determining the length of a marriage. However, it may still be possible to present evidence of a long-term partnership that existed before legal marriage to support your case for asset division or spousal support.
2. Property Division and Asset Distribution
Maryland follows the principle of equitable distribution for dividing marital property. This does not mean a 50/50 split but rather a fair division based on various factors, such as the duration of the marriage, the contributions of each spouse, and each party's financial situation.
For same-sex couples, one of the challenges may be dividing assets that were acquired before the marriage but during the relationship. For example, if a couple purchased a home together before getting married, the ownership and value of that property might need to be carefully examined during the divorce process. Working with an experienced family law attorney can help you navigate these complex asset distribution issues.
3. Spousal Support (Alimony)
Alimony is often awarded based on the length of the marriage, the earning capacity of each spouse, and their contributions to the marriage. For same-sex couples, proving a need for alimony or negotiating terms can be influenced by the length of time partners were together before marriage. For example, if one spouse took on the role of primary caregiver or supported the other’s career long before legal marriage, they may wish to present these contributions as part of the alimony discussion.
The courts will assess various factors, including each spouse's age, health, income, and financial contributions to the marriage. If you are seeking or contesting alimony, it is vital to have a strong legal strategy to support your claims.
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4. Child Custody and Support
Child custody is one of the most emotionally charged aspects of any divorce, and same-sex divorces can present unique challenges. When a same-sex couple has children, determining legal and physical custody can become complicated, especially if only one parent is the biological or adoptive parent. Maryland courts always prioritize the best interests of the child, which includes ensuring that both parents can maintain a meaningful relationship with the child.
However, issues can arise if the non-biological parent did not formally adopt the child. Even if both parents were actively involved in raising the child, the lack of legal recognition could impact the non-biological parent's ability to seek custody or visitation rights. To mitigate these risks, it’s advisable for same-sex couples to legally formalize their parental rights through adoption or other legal means as soon as possible.
On the other hand, child support obligations are based on the legal parental relationship, regardless of biological ties. If both spouses are legally recognized as the parents, the court will determine child support following the same guidelines it uses for opposite-sex couples.
5. Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements can provide clarity and protection for same-sex couples, especially regarding asset division and alimony. These agreements are contracts that outline how assets and debts will be divided if the marriage ends in divorce. For same-sex couples who entered into civil unions or domestic partnerships before legal marriage, it is essential to understand how these earlier arrangements might affect their rights during divorce proceedings.
Having a prenuptial or postnuptial agreement can streamline the divorce process by clearly defining each spouse’s rights and obligations. If you are considering divorce and have such an agreement, it is important to review it with your attorney to understand how it may impact your case.
The Same-Sex Divorce Process in Maryland
The basic steps of the divorce process are the same for same-sex and opposite-sex couples in Maryland:
- Filing a Complaint: One spouse must file a complaint for divorce, citing grounds for divorce in Maryland.
- Serving the Complaint: The other spouse must be formally notified (served) with the divorce papers.
- Negotiation or Mediation: Couples may choose to engage in negotiations or mediation to resolve issues such as property division, alimony, and child custody.
- Court Proceedings: If an agreement cannot be reached, the case will go to court, where a judge will make the final decisions.
Protecting Your Rights During a Same-Sex Divorce
Going through a divorce can be one of the most challenging times in your life, especially when navigating unique legal issues as a same-sex couple. Here are a few steps you can take to protect yourself:
- Seek Legal Counsel: Consulting with a knowledgeable family law attorney can help you understand your rights and options, particularly if you face complexities regarding property division or child custody.
- Document Everything: Keep detailed records of your financial assets, debts, and property, as well as any documents relating to child custody arrangements.
- Consider Mediation: Mediation can be a valuable tool for resolving disputes outside of court, allowing both parties to have more control over the outcome. It is especially beneficial if you wish to maintain a more amicable relationship with your spouse.
Conclusion
Same-sex divorce in Maryland involves the same legal principles as opposite-sex divorce, but there are unique considerations that may require special attention. Whether it’s determining the length of the marriage, dividing jointly acquired assets, or addressing child custody issues, understanding your legal rights is key to achieving a fair resolution.
Our family law firm in Maryland has experience representing same-sex couples and can help guide you through every step of the divorce process. If you are considering divorce or have questions about your legal rights, please contact us today to schedule a consultation.
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For more information on same-sex divorce in Maryland or to schedule a consultation, call our office or fill out our online contact form. We are committed to providing compassionate, knowledgeable legal support and will help you navigate your legal options.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry Baumohl is one of Maryland’s top family law attorneys, with over four decades of experience in divorce, same-sex divorce, child custody, and high-net-worth family cases. His compassionate and straightforward approach has earned him the trust of his clients, helping them make informed decisions during challenging times.
