Key Facts About LGBTQ+ Rights in Maryland
Since January 1, 2013, same-sex couples can marry in Maryland; Maryland also recognizes same-sex marriages performed in other states.
Understanding LGBTQ+ Legal Challenges
With changes in the law, LGBTQ+ individuals and families in Maryland still face unique legal issues.
Given that laws on surrogacy, parental rights, marriage, and divorce all vary from state to state, you and your family may need additional legal help.
How We Can Assist You
- Did you get married in one state and now live in Maryland?
- Are you thinking about having children and want to ensure that you and your partner both have parental rights?
- Do you and your partner want to protect certain legal rights regardless of your marital status?
As the legal landscape for LGBTQ+ families continues to evolve, having an attorney who’s knowledgeable about current ways to secure family rights is extremely important.
At FLAG, we engage in thoughtful planning, address potential custody issues, and address parentage rights while approaching these matters with concern for consistency and respect.
Some of the areas in which our attorneys can assist include:
Reproductive Rights & Family Planning
Family Legal Advocacy Group, LLC can assist you with planning for your growing family. We can help you:
- Obtain a second-parent adoption
- Ensure that your child’s birth certificate will accurately reflect parentage
- Understand your rights surrounding surrogacy and gamete donors
Maryland also recognizes de facto parent status for someone who isn’t a biological or adoptive parent when court-established criteria are met. We help clients understand how legal parentage affects the ability to seek visitation or decision-making rights when a relationship ends.
Comprehensive Estate & Medical Care Planning
Without having a will, you and your loved ones may be legal strangers under Maryland’s estate laws.
Even if you’re married, you and your spouse may wish for different arrangements than the default laws of intestacy (not having a will) provide.
Regardless of your marital status, having estate plans, powers of attorney, and advance directives can help ensure that your loved ones have the rights that you want them to have. Family Legal Advocacy Group, LLC can assist you in creating these powerful documents.
Navigating Marriage & Divorce for LGBTQ+ Couples
Maryland recognizes same-sex marriage for marriages performed both in Maryland and in other jurisdictions.
However, the patchwork of changes to marriage equality across the U.S. means that some civil unions are now legally recognized as marriages, while others aren’t.
Having an attorney who understands same-sex marriage law and your rights, both when entering a new marriage and when a relationship is dissolving, is imperative to pursuing the same legal protections and rights as other couples in Maryland.
Maryland absolute divorce is available based on a six-month separation, irreconcilable differences, or mutual consent supported by a written settlement agreement resolving every issue. Spouses pursuing separate lives can satisfy the six-month separation ground while living under the same roof.
Residency requirements depend on where the grounds for divorce arose. If they arose in Maryland, one spouse must be a Maryland resident when the case is filed. If they arose outside the state, one spouse must have lived in Maryland for at least six months before filing. Cases involving a spouse who resides in Howard County, Maryland, are filed in the Howard County Circuit Court.
Our same-sex divorce lawyers in Columbia, Maryland, assist with property division involving marital assets, debts, and retirement benefits. Maryland courts can adjust spouses’ rights in marital property through a monetary award, the transfer of specified retirement benefits, or both.
We also address alimony and other spousal support issues. Courts consider factors such as each spouse’s ability to become self-supporting, the marital standard of living, the length of the marriage, the spouses’ contributions, and their ages and health.
In child custody matters, Maryland courts apply the best interests of the child standard regardless of a parent’s sexual orientation. We handle visitation, child support, and requests to modify existing custody or access orders.
We offer negotiation and mediation, including collaborative law, as alternatives to contested litigation. Parent coordination can also help families address ongoing parenting disputes. When settlement isn’t possible, we provide trial-ready advocacy in court.
The attorneys at Family Legal Advocacy Group, LLC can assist you with:
Support for Name & Gender Changes
At Family Legal Advocacy Group, LLC, our attorneys have extensive experience working with transgender individuals as they seek to affirm their identities through appropriate documentation.
Family Legal Advocacy Group, LLC attorneys can assist you with:
- Changing your name
- Updating your identity documents
- Changing your gender on your birth certificate
Our Commitment to LGBTQ+ Families
Family Legal Advocacy Group, LLC believes in supporting all individuals with family-related legal issues. Whether your family consists of a single individual or many members, our attorneys understand how to assist clients in getting the appropriate legal protections for their families.
Although we often work with parents who are separating, one of the most rewarding areas of our practice is helping to protect families as they’re newly forming.
Contact Family Legal Advocacy Group, LLC for assistance with any LGBTQ+ legal issues.
Click to read our Blog articles on LGBTQ+ Law.
