Same-Sex Divorce for Gay and Lesbian Couples in Maryland

Same sex marriage is now allowed in Maryland, however, obtaining a same sex divorce in Maryland still has vastly different implications for same sex married couples than for heterosexual married couples.

Mediation for same sex divorce should be conducted only with a knowledgeable family law attorney-mediator, in order to produce a sound divorce settlement in a civilized and far less expensive and stressful manner than traditional attorney-led negotiations or divorce litigation.

To be knowledgeable, your same sex divorce mediator must understand the differences between heterosexual divorce and homosexual divorce, also called same sex divorce or gay marriage.

One of the major reasons for the differences between heterosexual marriages and legal gay marriages is the 1996 Defense of Marriage Act (“DOMA”), which defines and limits marriage as a union of a man and a woman. As such, the federal tax code and other federal laws currently do not recognize same sex marriages.

Where DOMA limits the definition of “spouse” the same-sex couple cannot take advantage of these favorable tax laws intended to help a separating/divorcing couple financially survive the devastating event of a divorce. DOMA as well as certain aspects of State family laws make same sex divorce different from heterosexual divorce.

Mediate with Nancy Caplan, Esquire, an attorney-mediator who will competently handle the unique challenges still facing same sex couples in Maryland.