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1. SAME-SEX
DIVORCE IN
MARYLAND

2. No one enters into marriage thinking about divorce. Yet more than 50% of all marriages do end in divorce. There is little reason to think the divorce rate for same-sex couples will be significantly different from that of heterosexual cou- ples, yet same-sex couples have hit many stumbling blocks when they decide to end their marriage. These barriers to divorce occur even when the marriage was performed legal- ly in the state the couple resided in at the time. For the most part, states that refuse to recognize same-sex mar- riage also refuse to grant divorces to same-sex couples that were married elsewhere.

3. Maryland has had its own share of issues related to same- sex marriage and divorce. After an appeal was filed in 2012 by a same-sex California couple who were denied a Mary- land divorce in 2010, seven Maryland Court of Appeals jus- tices handed down a 21-page opinion on the issue in mid- 2012. The opinion of the appeals court was that same-sex couples who were legally married in another state could seek divorce in Maryland, so long as they met the state’s residency requirements. The appeals court stated “a valid out-of-state same-sex marriage should be treated by Mary- land courts as worthy of divorce.” Therefore, in effect, Mary- land same-sex couples were legally allowed to divorce in the state before they were allowed to marry. The right to marry was not given to same-sex couples in Maryland until January 1, 2013.

4. Although the U.S. vs. Windsor Supreme Court ruling in 2013 allowed same-sex divorces in Maryland to be recog- nized and treated the same as heterosexual divorces, Mary- land law cannot govern the distribution of federal employ- ees’ benefits until the federal government fully recognizes gay marriage. Until then the equitable distribution of assets in a same-sex marriage may be complex, even if they were wed in a state where same-sex marriage is legal. Attorney General Eric Holder expanded recognition of same-sex marriages in federal legal matters on February 8, 2014 by sending a memo stating it was department policy to recog- nize same-sex marriages as broadly as possible. This in- cludes such things as:
 Refusing to testify in court against a same-sex spouse
 Allowing a same-sex spouse to visit a spouse in- carcerated in federal prison
 The right to receive survivor benefits from police officer or firefighter same-sex spouses killed in the line of duty
 The right of same-sex couples to file for bankruptcy

5. The requirements for a Maryland divorce—whether for same-sex couples or heterosexual couples—include:
 One spouse must be physically living in the state of Maryland
 The amount of time a party must have lived in Maryland is dependent on where the grounds for the divorce occurred.
 If the grounds for divorce occurred in the state of Maryland, then one party must only be living in Maryland at the time the divorce is filed.
 If the grounds for divorce occurred outside the state of Maryland, then one spouse must have lived in Maryland for at least a full year prior to filing for divorce.
 In the state of Maryland a person can seek a fault- based divorce or a no-fault divorce. The no-fault divorce requires a twelve-month separation peri- od, while a fault-based divorce requires no sepa- ration period.
 A Maryland fault-based divorce must have one or more of the following grounds: Adultery, desertion or conviction of a crime.

6. Maryland offers an absolute divorce as well as a limited di- vorce. An absolute divorce is what most of us think of when we hear the word divorce: the marriage is ended and all rights and obligations of the parties are determined, includ- ing division of property. A limited divorce defines rights and obligations of each party, but neither party may remarry, and there is no division of property.

7. The attorneys at Planta & Satin, LLC, a Family Law & Criminal Defense Law firm located in Rockville, MD, have years of experience handling all aspects of same-sex mar- riage and divorce. Same-sex couples face unique challenges and obstacles during marriage and divorce. Contact Planta & Satin, LLC today at 301-762-1000 to discuss your divorce and the best way to proceed. Contact Us Planta & Satin, LLC 51 Monroe Street, Suite 707 Rockville, MD 20850 Ph: (301) 762-1000 Fax: (301) 610-0021