Legal marriage has only been available in Maryland since So while same-sex divorces are subject to the exact same regulations as hetero divorcesthere are sometimes complexities in applying laws that were written without same-sex couples in mind. If you are a member of a same-sex couple that is facing divorce, having a knowledgeable attorney by your side to help navigate the system is a good idea.
In Maryland, same-sex couples have had the right to marry since Jan. And even before Maryland began granting marriage licenses to gay couples, the Court of Appeals had ruled that the state would allow same-sex couples who were legally married in other states to divorce in Maryland. Divorce and other legal issues relating to LGBT families require an experienced attorney who understands the needs of her clients.
Same-sex couples have the right to divorce in Maryland, even though they can't yet marry here, the state's highest court ruled Friday. The Court of Appeals ruling declares Maryland must uphold same-sex marriages performed in other states, a ruling that Gov. Martin O'Malley said reinforces the policy his administration has enacted.
Chat with us in Facebook Messenger. Find out what's happening in the world as it unfolds. Story highlights The appeal involves a couple married in California They were denied a divorce in Maryland two years ago The Maryland law is scheduled to go into effect in January. Maryland's highest court has ruled that a lesbian couple married out of state can legally file for divorce, even though Maryland's own same-sex marriage law does not take effect until next year.
Last year, Attorney General Douglas F. Gansler issued an opinion suggesting that Maryland can and should recognize same-sex marriages performed in other states, even though such marriages are not allowed under Maryland law. Since several states and the neighboring District of Columbia now grant gay marriages, it seemed likely to be an issue when it came to how state agencies should handle things like pension and benefit rights for married same-sex couples.
Traditionally, as most of us know, adultery is an act of voluntary sexual intercourse between a spouse and an individual other than their spouse. Maryland courts have held that non-intercourse acts are insufficient to be considered adultery for purposes of establishing grounds for divorce. This vagueness in the law became even more problematic when Maryland legalized same-sex marriage in
When same-sex partners decide to dissolve a domestic partnership or a legally recognized marriage, there are many of the same decisions to make that heterosexual couples must make about property, children and support. But gay, lesbian, and transgender partners often need to make these decisions without the same legal safety net that guarantees rights. On the other hand, separating without judicial intervention can be a welcome relief for couples who want to maintain their privacy and are able to separate in an amicable way.
Gays and lesbians who cheat on their spouses now can be sued for divorce for committing adultery. A new legal opinion issued by Maryland's Attorney General clears up a murky area of state law according to the Baltimore Sun. Cheating by same-sex spouses can now be considered adultery and is grounds for divorce.
When the Civil Marriage Protection Act was signed into Maryland law on January 1,same-sex couples were granted the same privileges of traditional couples. For same-sex couples who wish to dissolve their marriage, the rules and requirements are the same. There are certain challenges, however, that same-sex couples face when it comes to custody and access to their children.
InU. Supreme Court finally saw through the discrimination of gays and lesbians and authorized same-sex marriage throughout the United States. That decision not only validated Maryland marriages, which had been legal for several years prior tobut it also meant that every state in America had to recognize a same-sex marriage, too.