Since the groundbreaking Supreme Court decision in 2015, which legalized same-sex marriage across the United States, there has been a significant shift in the legal landscape. This historic ruling ensures that same-sex couples, regardless of their location, can enjoy the same rights and protections as opposite-sex couples. This includes the ability to enter into a legally recognized marriage and, if needed, the ability to seek a divorce. If you find yourself in a same-sex marriage in Maryland and are contemplating divorce, you may be wondering about your options. In this article, we will delve into the question of whether you can file for divorce in Maryland if you are in a same-sex marriage.
Marriage in Maryland
To ascertain whether you have the option to file for divorce in Maryland as a same-sex couple, it is crucial to first familiarize yourself with the state’s marriage laws. Maryland, in a progressive move, recognizes both same-sex and opposite-sex marriages. It’s heartening to note that the requirements for obtaining a marriage license are the same, regardless of the gender of the couple involved. In order to marry in Maryland, both parties must be at least 18 years old or acquire parental consent if they are younger. Furthermore, they must not currently be married to anyone else and must not be closely related. Additionally, Maryland law mandates that couples secure a marriage license from the Clerk of the Circuit Court in the county where the wedding ceremony will be held.
Divorce in Maryland
Now that we have established that Maryland recognizes same-sex marriages, let us delve into the question of whether you can file for divorce in this state. The answer is a resounding "yes." Same-sex couples possess the same right as opposite-sex couples to seek a divorce in the state of Maryland. The state’s divorce laws are inclusive and apply to all married couples, regardless of their gender. It is worth noting that in order to file for divorce in Maryland, one party must have been a resident of the state for at least one year prior to filing. Alternatively, the grounds for divorce must have arisen within the state itself.
Grounds for Divorce in Maryland
In Maryland, there are several grounds for divorce that a party may specify in their divorce petition. These grounds include adultery, desertion, conviction of a felony, insanity, cruelty, excessively vicious conduct, and mutual consent. It is important to understand the various grounds when considering divorce in Maryland. For instance, couples without children who reach a mutual agreement on property division and other pertinent issues may be eligible to file for divorce on the grounds of mutual consent. The advantage of this type of divorce is that it does not require the couple to have lived apart for any specific length of time prior to filing.
Conclusion
In conclusion, same-sex couples in Maryland possess the same rights as opposite-sex couples when it comes to marriage and divorce. If you find yourself in a same-sex marriage and are contemplating divorce, rest assured that you can indeed file for divorce in Maryland, provided you meet the state’s residency requirements or the grounds for divorce occurred within the state. It is worth mentioning that when dealing with legal matters as significant and sensitive as divorce, it is always prudent to seek guidance from an experienced family law attorney, who can provide vital support throughout the divorce process.