Same-Sex Divorce in Maryland

Equal Marriage and Divorce Rights in Maryland

Maryland recognized same-sex marriage in 2013, after voters approved marriage equality at the ballot box. Two years later, the U.S. Supreme Court ruling in Obergefell v. Hodges extended recognition nationwide. Today, same-sex spouses in Maryland have the same divorce rights as opposite-sex couples.

Divorce in Maryland is officially called absolute divorce, and the same statutes apply to all couples. Still, LGBTQ+ spouses sometimes face added complications — particularly when custody, pre-legalization property, or alimony comes into play. Couples who plan ahead usually resolve these matters more smoothly.

Filing for Divorce in Maryland

To file for divorce, at least one spouse must meet residency requirements:

• If the grounds for divorce occurred in Maryland, only one spouse needs to live there.
  
• If the grounds occurred outside Maryland, one spouse must have lived in the state for at least six months before filing.
  

Cases are filed in the Circuit Court of the county where either spouse resides.

Since 2023, Maryland has simplified its divorce laws, eliminating “limited divorce.” The primary no-fault grounds are now mutual consent and irretrievable breakdown. These options are especially common among same-sex couples pursuing uncontested divorces, since they avoid lengthy court disputes.

Filing accurately from the start is critical. A missed requirement or filing error can set the process back, making an already difficult time more stressful.

Child Custody and Support

Maryland custody law focuses on the best interests of the child, dividing responsibilities into legal custody (decision-making) and physical custody (living arrangements). Same-sex and opposite-sex parents are treated equally under the law.

For LGBTQ+ couples, issues can arise when only one spouse is the biological parent. If the other spouse hasn’t completed an adoption, their rights may not be automatically recognized. In recent years, Maryland courts have embraced the doctrine of de facto parentage, recognizing someone as a parent if they have acted in that role with the consent of the legal parent.

Child support is determined under Maryland’s Child Support Guidelines, which factor in both parents’ incomes, health insurance, childcare costs, and the time each parent spends with the child. Agreements that don’t meet these guidelines are unlikely to be approved.

Because parentage and financial issues can become complicated, clear documentation and accurate agreements are essential to keep a divorce uncontested.

Property and Debt Division

Maryland follows equitable distribution, meaning marital property is divided fairly, though not always equally. Marital property generally includes assets and debts acquired during the marriage. Non-marital property — such as inheritances, gifts, or pre-marriage assets — remains with the original owner.

For many same-sex couples, the timeline is the challenge. Long-term relationships often began well before marriage equality in 2013. Assets accumulated before the legal wedding date may not be considered marital property under Maryland law. While courts can weigh fairness, the legal marriage date usually carries more weight.

Couples who want to avoid disputes typically reach agreements that balance the legal framework with the reality of their shared lives.

Spousal Support (Alimony)

Maryland courts may award different forms of alimony:

• Pendente lite (temporary): awarded while the divorce is pending.
  
• Rehabilitative: awarded for a set period to help a spouse become self-supporting.
  

Courts consider factors such as:

• Duration of the marriage
  
• Standard of living during the marriage
  
• Each spouse’s financial needs and earning capacity
  
• Contributions to the marriage, including non-financial roles
  
• Age and health of both spouses
  

For same-sex couples, length of marriage often presents difficulties. Even if a couple lived together for decades, courts usually measure only from the legal marriage date when deciding alimony. This can shorten the amount or duration of support.

Agreements made in advance, and documented carefully, generally move through the courts with far fewer obstacles.

Maryland Divorce Timeline

An uncontested divorce in Maryland is often quicker than a contested case, but it still involves multiple stages of document preparation, notarization, and review. Courts carefully examine filings for accuracy, and even small mistakes can delay the process significantly.

1. Drafting the Required Documents

Before filing, a complete set of divorce documents must be drafted. In Maryland, these often include:

• Complaint for Absolute Divorce – initiating the case and stating the grounds (most commonly “irretrievable breakdown” or “mutual consent”).
• Marital Settlement Agreement – detailing custody, visitation, child support, alimony, property division, and debt allocation.
  
• Parenting Plan – required when children are involved, specifying decision-making, visitation, and support.
  
• Child Support Guidelines Worksheet – calculating support obligations under Maryland’s statutory formula.
  
• Financial Statements – disclosure of income, assets, debts, and expenses.
  
• Civil Domestic Case Information Report – required with new filings in Circuit Court.
  
• Vital Statistics Form – for state reporting.
  
• Proposed Final Divorce Decree – drafted in advance for the judge’s approval.
  

Because all of these filings must be consistent, drafting them correctly is critical. If the Parenting Plan contradicts the Settlement Agreement, or if financial disclosures do not align with the child support calculations, the court will not accept the paperwork.

2. Notarization of Documents

Certain documents, particularly the Marital Settlement Agreement and financial disclosures, must be notarized to be valid.

• In-person notarization is still the default in many counties.
  
• Remote Online Notarization (RON) has been authorized in Maryland, but not every Circuit Court accepts it uniformly. Couples must confirm whether their county clerk or judge allows online notarization.
  

Filing documents without proper notarization is a common reason for rejection. Ensuring notarization is completed correctly helps prevent delays later in the process.

3. Filing with the Circuit Court

Once drafted and notarized, the documents are filed in the Circuit Court for the county where either spouse lives. Filing in the wrong jurisdiction, or omitting required forms, often results in dismissal or the need to refile.

The Complaint must be accompanied by all supporting documentation for the case to move forward as uncontested.

4. Service of Process

If the divorce is not filed jointly under mutual consent, the non-filing spouse must be formally served. Service may be completed by sheriff, private process server, or certified mail. In uncontested cases, many spouses sign an Affidavit of Service or Consent, which can expedite the process. Improper service, however, halts the case until corrected.

5. Exchange of Financial Disclosures

Maryland requires full financial disclosure, even in uncontested cases. Both spouses must provide statements of income, assets, debts, and expenses. These disclosures ensure that the agreements on property division, alimony, and child support are fair and enforceable. Missing or incomplete disclosures can cause the court to refuse to finalize the divorce.

6. Court Review and Hearing

For uncontested cases, especially those filed under mutual consent, Maryland courts often finalize divorces without a lengthy hearing. However, the judge still carefully reviews the documents to confirm that:

• Custody and visitation serve the best interests of the child.
  
• Child support complies with Maryland’s guidelines.
  
• Alimony and property division are fair and lawful.
  
• Settlement agreements are properly executed and notarized.
  

If a hearing is required, it is usually brief, but the spouses may still need to testify that the agreement is voluntary and complete.

7. Final Divorce Decree

Once the judge is satisfied, they issue the Final Divorce Decree, officially ending the marriage. The decree incorporates the terms of the Settlement Agreement, making them legally binding.

Why Uncontested Cases Still Get Delayed

While many uncontested divorces under mutual consent are finalized within a few months, delays are common when:

• Documents are missing, inconsistent, or improperly notarized.
  
• The Parenting Plan or Child Support Worksheet doesn’t meet statutory requirements.
  
• Service of process is incomplete.
  
• Financial disclosures are inaccurate or not exchanged.
  

Any of these issues can send the spouses back to the drafting stage, extending the case far beyond the minimum timeline.

Unique Considerations for Same-Sex Couples in Maryland

• Parentage disputes: If a non-biological parent isn’t legally recognized, custody rights may be limited.
  
• Property timelines: Assets from before 2013 may not be considered marital property.
  
• County variations: Some Circuit Courts process uncontested divorces faster than others, making correct filings essential.
  

These realities mean that while the law guarantees equality, LGBTQ+ divorces can still require extra care.

Moving Forward in Maryland

Same-sex couples in Maryland enjoy full equality under divorce law, but real-life challenges — from parental recognition to pre-legalization property and alimony calculations — can complicate the process. Couples who approach the process well-prepared often find that an uncontested divorce is faster, less expensive, and less emotionally draining.

For many, using an affordable online divorce service designed for uncontested cases provides the most practical solution. It ensures documents meet Maryland court standards, avoids errors that cause delays, and helps couples move forward with confidence — whether in Baltimore, Montgomery County, Prince George’s, or anywhere else in the state.