Columbia Same-Sex Divorce Lawyer
Navigating a same-sex divorce in Columbia requires an attorney who understands both the legal complexities and the unique challenges that LGBTQ+ couples face during this difficult time. At Weinberg & Schwartz, L.L.C., our experienced Columbia same-sex divorce lawyers have been practicing family law exclusively since 1995, providing compassionate and knowledgeable representation to same-sex couples seeking to dissolve their marriages. Our team of highly experienced trial attorneys is not afraid to take your case to trial to get the results you deserve, while maintaining our family-centered legal approach to obtain equitable and fair resolutions. Contact our office at the number listed on our website to schedule a consultation with our dedicated legal team.
Understanding Same-Sex Divorce Rights in Maryland
Maryland has recognized same-sex marriage since 2013, which means same-sex couples have the same divorce rights and obligations as opposite-sex couples. However, the path to same-sex divorce can involve unique considerations that require experienced legal guidance. Our attorneys at Weinberg & Schwartz, L.L.C. understand that same-sex couples may face particular challenges related to property division, child custody arrangements, and spousal support, especially if the couple was together for years before marriage became legally available to them.
The legal framework for same-sex divorce in Maryland follows the same statutes as traditional divorce proceedings, including grounds for divorce such as mutual consent, separation, adultery, or irreconcilable differences. Our family law attorneys have extensive experience handling complex divorce cases and understand how to navigate the specific issues that may arise in same-sex divorce proceedings, including the recognition of out-of-state marriages and the division of assets acquired before legal marriage was possible.
Property Division and Financial Considerations
One of the most complex aspects of same-sex divorce involves the equitable distribution of marital property, particularly when couples have been together for many years before they could legally marry. Maryland follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally, between spouses. Our experienced divorce lawyers work diligently to identify and value all marital assets, including real estate, retirement accounts, business interests, and personal property.
Same-sex couples may face unique challenges in property division, especially if they purchased property together or commingled assets before their marriage was legally recognized. Our attorneys have the expertise to trace the acquisition of assets and determine which property should be considered marital versus separate property. We also address issues related to spousal support and alimony, taking into account factors such as the length of the relationship, each spouse’s earning capacity, and their contributions to the marriage.
Child Custody and Parental Rights
Child custody matters in same-sex divorce cases can be particularly complex, especially when only one parent is the biological parent or when children were adopted by one or both spouses. Our family law attorneys understand the intricacies of establishing and protecting parental rights for both biological and non-biological parents in same-sex relationships. We work to ensure that the best interests of the children remain paramount while protecting our clients’ parental rights.
Maryland courts consider numerous factors when determining child custody arrangements, including the fitness of each parent, the child’s relationship with each parent, and the stability of each parent’s home environment. Our attorneys have experience handling cases involving assisted reproductive technology, adoption, and stepparent relationships, ensuring that all legal aspects of parentage are properly addressed. We strive to negotiate custody arrangements that serve the children’s best interests while preserving meaningful relationships with both parents.
Columbia Same-Sex Divorce FAQs
How long does a same-sex divorce take in Maryland?
The timeline for a same-sex divorce in Maryland varies depending on the complexity of the case and whether the parties can reach agreements on key issues. Uncontested divorces may be finalized in a few months, while contested cases involving complex property division or custody disputes may take a year or more. Our attorneys work efficiently to move your case forward while ensuring your rights are fully protected.
Can I get divorced in Maryland if I was married in another state?
Yes, Maryland recognizes same-sex marriages performed in other states, and you can obtain a divorce in Maryland as long as you meet the state’s residency requirements. At least one spouse must have been a resident of Maryland for at least one year before filing for divorce, or the grounds for divorce must have occurred in Maryland.
What if my partner and I were together for years before we could legally marry?
While Maryland does not recognize common law marriage, our attorneys can help address property and financial issues related to your pre-marriage relationship. We can assist with property agreements and help determine which assets should be considered marital property based on when they were acquired and how they were titled.
How is spousal support determined in same-sex divorce cases?
Spousal support in same-sex divorce cases is determined using the same factors as in opposite-sex divorces, including the length of the marriage, each spouse’s financial resources, age and health of the parties, and the standard of living established during the marriage. Our attorneys advocate for fair spousal support arrangements based on your specific circumstances.
What if we used assisted reproductive technology to have children?
Cases involving assisted reproductive technology require careful legal analysis to establish parental rights. Our attorneys have experience with these complex matters and can help ensure that both parents’ rights are protected, whether through adoption procedures, parentage determinations, or other legal mechanisms.
Serving Throughout Columbia
- Hickory Ridge
- Owen Brown
- Wilde Lake
- Harper’s Choice
- Long Reach
- Kings Contrivance
- Oakland Mills
- River Hill
- Dorsey’s Search
- Town Center
Contact a Columbia Same-Sex Divorce Attorney Today
If you are considering or going through a same-sex divorce, you need experienced legal representation that understands your unique situation and will fight for your rights. The attorneys at Weinberg & Schwartz, L.L.C. have been practicing family law exclusively since 1995 and have earned recognition as a four-time winner of “Best of” Howard County for Family Law, including back-to-back wins in 2024 and 2025. Our philosophy is to obtain equitable and fair resolutions for each client’s individual issues and concerns, and we are prepared to take your case to trial if necessary to achieve the best possible outcome. Contact our experienced divorce attorneys today at the number provided on our website to schedule a consultation and learn how we can help protect your interests during this challenging time.
