The legalization of same-sex marriage in the United States marked a significant milestone in the fight for LGBTQ+ rights. Though it became legal in Maryland two years prior, many legal challenges have arisen following its passage. At Rodier Family Law Firm, we understand that with marriage comes the possibility of divorce, and same-sex couples face unique legal challenges when navigating the dissolution of their marriages. We are committed to providing comprehensive legal support to our clients. Below, we explore the legal rights and challenges faced by same-sex couples seeking divorce in Maryland.

Historical Context

Same-sex marriage became legal in Maryland on January 1, 2013, following the passage of the Civil Marriage Protection Act and its approval by Maryland voters in a referendum. This historic event was followed by the landmark Supreme Court decision in Obergefell v. Hodges in 2015, which legalized same-sex marriage nationwide. These changes in the legal landscape have necessitated adjustments in family law, including divorce proceedings.

Legal Rights in Same-Sex Divorce

Equitable Distribution of Property

Property acquired during a marriage in Maryland is subject to equitable distribution upon divorce. This means that, regardless of the gender of the spouses, legal proceedings will decide how assets will be distributed following divorce. It’s important to note that equitable distribution does not necessarily mean equal distribution, but rather, a fair division based on various factors, including:

• The length of the marriage
• The contributions of each spouse to the marital property
• The economic circumstances of each spouse
• The age, health, and needs of each spouse
• Any agreements between the spouses (such as prenuptial or postnuptial agreements)

Same-sex couples should be aware that property acquired before the marriage, inheritances, and gifts are generally considered separate property and are not subject to division.

Alimony

Alimony, or spousal support, may be awarded to either spouse in a same-sex divorce based on factors such as:

• The ability of the spouse seeking alimony to be self-supporting
• The time necessary for the spouse seeking alimony to gain sufficient education or training to find suitable employment
• The standard of living established during the marriage
• The duration of the marriage
• The contributions of each spouse to the family, both economic and non-economic

Child Custody and Support

Unlike heterosexual marriages where family courts tend to favor the mother, child custody and support following a same-sex divorce is determined based on the best interests of the child, regardless of the parent’s gender. 

Factors considered may include:

• The child’s age, health, and needs
• The emotional ties between the child and each parent
• Each parent’s ability to provide for the child’s needs
• The child’s adjustment to home, school, and community
• Any history of abuse or neglect

Same-sex parents face unique challenges in custody disputes, especially if only one parent is the biological parent or if the non-biological parent did not legally adopt the child. Adequate legal representation from an experienced family law attorney can help you navigate these complexities and ensure your child’s best interests are protected.

Unique Challenges in Same-Sex Divorce

Legal Parenthood and Custody Issues

One of the most significant challenges in same-sex divorce is establishing legal parenthood. In cases where only one spouse is the biological parent, the non-biological parent may face difficulties asserting custody or visitation rights. Non-biological parents must establish legal parenthood through adoption or a court order to best protect their parental rights.

Retroactive Recognition of Marriages

The duration of a marriage can be a contentious issue when it comes to divorce proceedings for couples who were in committed relationships before same-sex marriage was legalized. Courts may consider the length of the relationship prior to the legal recognition of the marriage when determining both property division and alimony.

Social Stigma and Bias

Despite legal advancements, same-sex couples may still encounter social stigma and bias, which can influence divorce proceedings. It is important to work with a family law attorney who is experienced in handling same-sex divorces and can advocate effectively on behalf of LGBTQ+ divorce clients.

Navigating Your Future

Navigating a same-sex divorce in Maryland involves unique legal considerations and challenges. At Rodier Family Law Firm, we are dedicated to providing compassionate and knowledgeable legal representation to our clients. Whether you are facing issues related to property division, alimony, child custody, or legal parenthood, our experienced attorneys are here to guide you through the process and protect your rights.

Contact the Experienced Attorneys at Rodier Family Law Firm Today

If you are considering a same-sex divorce or need assistance with any family law matter, please contact Rodier Family Law Firm in Bel Air, Maryland today to schedule a consultation. We are committed to helping you achieve a fair and equitable resolution during this difficult time.