Experienced Same-sex/LGBTQIA+ Divorce Lawyer
Law offices in Glen Burnie. Serving clients’ legal needs across the state of Maryland.
Secure Your Future
Heterosexual couples have been able to legally get married (and divorced) for centuries. Federal legalization of gay marriage only came in 2015, and gay divorce is still a fairly new legal concept.
At the Law Office of Jimeno & Gray, our divorce lawyers have helped families across the gender identity and sexuality spectrum find the right legal solutions for their relationships. Contact a same-sex/LGBTQIA+ divorce lawyer from our firm in Glen Burnie, MD, today.
Is the Divorce Process Different in Gay Divorce Proceedings?
Divorce for same-sex married couples is nearly identical to divorce for heterosexual couples. Either party may file a no-fault divorce complaint after a 12-month separation or for divorce by mutual consent. In Maryland, you may also file an at-fault divorce complaint based on reasonable grounds, including:
- Criminal conviction with imprisonment
- Cruelty or excessively vicious conduct
To pursue a dissolution of marriage through at-fault divorce, you must be able to prove that your spouse committed at least one of the reasonable grounds for at-fault divorce in Maryland.
If both spouses agree to the terms of a divorce, it is an uncontested divorce. Terms could include agreements for property division, spousal support, child custody, and child support. If you and your spouse disagree and can’t reach an agreement in mediation, your divorce will be contested in court for a judge to decide.
Property Division in Same-sex Divorce
Your same-sex/LGBTQIA+ divorce lawyer may have to argue for the appropriate division of marital assets and debts. Maryland is an equitable distribution state, meaning that the court won’t split assets and debts 50-50 but will consider a fair division based on several factors. Some factors that the court would consider include:
- Contributions to the marital property by either spouse
- The income of each spouse
- The length of the marriage
- The age, health, and well-being of each spouse
- What assets were acquired before and during the marriage
- Contributions of separate property to property owned as tenants by the entirety
- Other awards, such as the family home or spousal support
- Intentional dissipation of marital assets by either spouse
The court may also consider additional factors in the division of marital assets and debts. For example, if one spouse has a gambling addiction and used a large share of their income to incur gambling debts, the court may award the other spouse a larger share of the marital property.
Spousal Support (Alimony), Child Custody, and Child Support in Same-sex Divorce
A spouse may seek alimony in a divorce to maintain the lifestyle to which they became accustomed. In cases involving child custody and child support, the court will determine what is best for the child. If you or your spouse did not formally adopt a child, Maryland might recognize de facto parents. Contact our firm if child custody and child support are concerns in your divorce.
Contact the Experienced Maryland Divorce Lawyers at the Law Office of Jimeno & Gray
If you need a same-sex/LGBTQIA+ divorce lawyer, contact us today at the Law Office of Jimeno & Gray. Call us in Glen Burnie, MD, at 443-249-8683 or contact us online to schedule a consultation.