Maryland Same-Sex Divorce Lawyer

Divorce can be difficult regardless of whether a couple is same-sex or heterosexual. Disputes can arise regarding child support, custody, or alimony, among other things. It could be possible to limit the contentiousness of a same-sex divorce by following the guidance of a seasoned divorce attorney.

Since same-sex marriages are treated the same as any other union in Maryland, the issues facing the dissolution of these marriages are often the same. However, a Maryland same-sex divorce lawyer could provide compassion and understanding in circumstances that are unique under the law.

Grounds for Divorce in Maryland

As of October 2023, state law only recognizes no-fault divorces. A same-sex divorce attorney in Maryland could review an individual’s circumstances and help determine the appropriate strategy to pursue.

A no-fault divorce can occur without the need to prove any of the elements of fault-based divorce. One option for a no-fault divorce is for both parties to consent to a written agreement resolving all issues arising out of the marriage. In addition to mutual consent, evidence that the couple has been separated for at least 6 consecutive months is a viable ground for a no-fault divorce.

Same-Sex Couples and De Facto Parents

For years, one of the major challenges facing divorcing same-sex couples involved child custody. While federal law mandated states to allow same-sex marriages, state law has often been slow to catch up regarding issues of paternity or child custody. Some parents found themselves without legal parental rights following a divorce.

Fortunately, Maryland has taken additional steps to protect the rights of same-sex parents upon divorce through a legal process known as de facto parenthood. A de facto parent is an adult who can seek custody or visitation with a child despite not being their biological parent.

This option might not be available in every instance. To qualify as a de facto parent, a person must have lived in the household with the child with the permission of the biological parent. There must also have been a parent-child relationship that developed between the two during that time.

Once an individual is recognized as a de facto parent under the law, they enjoy the same rights as a biological parent. Any individual in a same-sex marriage who hopes to retain legal rights to their children could benefit from the guidance of a same-sex divorce attorney in Maryland.

Speak with a Maryland Same-Sex Divorce Attorney Today

Before you pursue a divorce, it could be in your best interest to speak to an attorney. The law surrounding same-sex marriage is relatively new, and unique challenges could come up when you least expect them.

The right legal counsel could provide you with peace of mind during your divorce. To ensure you are treated fairly during divorce proceedings, reach out to a Maryland same-sex divorce lawyer today.