Maryland Same-Sex Divorce Lawyer
When same-sex couples in Maryland face the difficult decision to end their marriage, they need experienced legal representation that understands both the complexities of family law and the unique challenges that can arise in LGBTQ+ divorces. At Weinberg & Schwartz, L.L.C., our Maryland same-sex divorce lawyers have been practicing family law exclusively since 1995, providing compassionate and knowledgeable representation to couples throughout Columbia, Ellicott City, and the surrounding areas. Our experienced trial attorneys understand that every family situation is unique and work diligently to protect your rights and interests throughout the divorce process. Contact our office at 410-997-0203 to schedule a consultation with our dedicated legal team.
Same-sex marriage has been legal in Maryland since 2013, and same-sex couples have the same rights and responsibilities as opposite-sex couples when it comes to marriage and divorce. However, navigating the legal system can still present unique challenges that require experienced legal guidance. Our family-centered legal approach focuses on obtaining an equitable and fair resolution for each client’s individual issues and concerns, whether you’re dealing with complex property division, child custody matters, or spousal support issues.
Understanding Same-Sex Divorce Rights in Maryland
Maryland law treats same-sex divorces the same as any other divorce proceeding, but there can be additional complexities that require careful legal analysis. Our attorneys at Weinberg & Schwartz, L.L.C. have extensive experience handling all aspects of Maryland family law and understand how to navigate these unique circumstances effectively.
One of the most significant considerations in same-sex divorces involves the division of marital property. Couples who lived together for years before marriage was legally recognized may have acquired substantial assets and debts together. Determining which assets are considered marital property versus separate property requires careful examination of when assets were acquired and how they were titled. Our experienced divorce lawyers work closely with financial experts when necessary to ensure all marital assets are properly identified and valued.
Child custody and parental rights can also present unique challenges in same-sex divorces. When children were born during the marriage through assisted reproduction, adoption, or surrogacy, establishing legal parentage for both spouses is crucial. Our attorneys help protect parental rights and work to ensure that custody arrangements serve the best interests of the children involved. We understand the emotional complexity of these situations and approach each case with sensitivity and care.
Property Division and Financial Considerations
Maryland follows the principle of equitable distribution when dividing marital property in divorce cases. This means that marital assets and debts are divided fairly, though not necessarily equally. For same-sex couples, this process can be complicated by the relatively recent legal recognition of same-sex marriage and the potential for significant pre-marital cohabitation.
Our family law attorneys carefully analyze the timeline of asset acquisition and the intentions of both parties throughout the relationship. This may include examining joint bank accounts, shared investments, real estate purchases, and business interests that were established before marriage was legally possible. We work to ensure that contributions made by both parties are properly recognized and that the final property division reflects the true nature of the marital partnership.
Retirement benefits, pension plans, and other employment-related benefits require special attention in same-sex divorces. Some couples may have been unable to designate their partners as beneficiaries for years before marriage equality, while others may have complex arrangements that need to be unwound. Our experienced legal team understands these intricacies and works to protect our clients’ financial futures.
Child Custody and Parental Rights Protection
Protecting parental relationships is often the most emotionally charged aspect of any divorce, and same-sex couples may face additional legal hurdles. In Maryland, establishing legal parentage for both spouses is essential for protecting custody rights and ensuring that both parents can maintain meaningful relationships with their children after divorce.
When children were conceived through assisted reproduction, adopted jointly, or born through surrogacy arrangements, our attorneys help ensure that all legal documentation is in order and that both parents’ rights are protected. We work with clients to develop comprehensive parenting plans that address custody schedules, decision-making responsibilities, and support obligations.
Our attorneys also understand the importance of protecting children from any potential discrimination or misunderstanding they might face due to their family structure. We advocate for arrangements that provide stability and support for children while respecting the rights and responsibilities of both parents. The experienced trial attorneys at Weinberg & Schwartz are not afraid to take cases to court when necessary to protect our clients’ parental rights and their children’s best interests.
Maryland Same-Sex Divorce FAQs
How long does a same-sex divorce take in Maryland?
The timeline for a same-sex divorce in Maryland is the same as for any other divorce, typically taking anywhere from a few months to over a year depending on the complexity of the case and whether the parties can reach agreements on key issues. Uncontested divorces generally move more quickly through the system than contested cases that require court intervention.
Can both parents maintain custody rights if only one parent is the biological parent?
Yes, if both spouses have established legal parentage through adoption, assisted reproduction agreements, or other legal means, both parents have equal rights to seek custody and visitation. It’s crucial to have proper legal documentation in place to protect these rights during divorce proceedings.
How are assets divided if we lived together for years before we could legally marry?
Maryland courts will typically only divide assets that are considered marital property, which generally includes assets acquired during the marriage. However, pre-marital assets that were commingled or transformed during the marriage may be subject to division. Each case requires individual analysis of the specific circumstances and asset histories.
Will I need to pay or receive spousal support?
Spousal support, also called alimony, may be awarded in same-sex divorces using the same criteria applied to all Maryland divorces. Factors include the length of the marriage, each spouse’s financial resources, age, health, and contributions to the marriage. The court will consider all relevant factors to determine if support is appropriate.
Where will my divorce case be heard?
Same-sex divorce cases in Howard County are typically heard at the Howard County Circuit Court located in Ellicott City. The specific procedures and requirements are the same as for all divorce cases filed in Maryland courts.
Serving Throughout Howard County
- Columbia
- Ellicott City
- Laurel
- Savage
- Clarksville
- Fulton
- Highland
- Scaggsville
- Elkridge
- West Friendship
Contact a Maryland Same-Sex Divorce Attorney Today
At Weinberg & Schwartz, L.L.C., we understand that divorce is never easy, regardless of your family structure or circumstances. Our experienced same-sex divorce attorneys are committed to providing knowledgeable, compassionate representation that protects your rights and helps you move forward with confidence. We have been practicing family law exclusively since 1995 and have built a reputation as a trusted legal resource for families throughout Columbia, Ellicott City, and the greater Howard County area. As a four-time winner of “Best of” Howard County for Family Law, including back-to-back recognition in 2024 and 2025, we bring proven expertise to every case we handle. Don’t navigate this challenging time alone. Contact our office at 410-997-0203 to schedule a consultation and learn how our experienced legal team can help protect your interests and guide you through the divorce process with dignity and respect.
