Same-sex marriages in Maryland and Washington, D.C. have been legal since 2013 and 2009, respectively. On June 26, 2015, the U.S. Supreme Court decision in Obergefell v. Hodges extended the legal protection of same-sex marriage to all states throughout the country. With marital status comes the protection and application of each jurisdiction’s domestic relations laws. While that is reason for celebration from a human rights perspective, same-sex couples are now subject to the established precedents and case law which govern family law statutes as they relate to marriage and divorce. It also means that divorce and other family law proceedings may be inevitable, and while there are additional protections for some spouses, there are also additional exposures for some spouses.
Brodsky Renehan Pearlstein & Bouquet has focused solely on family law since the firm’s inception in 1951. Our attorneys are experienced in every aspect of family law, including same-sex prenuptial agreements, postnuptial agreement, separation agreements, and divorce. We have helped same-sex couples navigate family law issues since before the legalization of same-sex marriage, and we now apply our decades of family law experience in both Maryland and Washington, D.C. to help same-sex clients with all family law matters.
Same-sex Divorce in Maryland & Washington, D.C.
Legal status for same-sex marriage means that all the current case law, statutes, and procedural rules apply to the dissolution of a marriage in Maryland and D.C. In most cases, the courts will treat a same-sex divorce exactly the same as what was once considered a “traditional” divorce. Thus, the division of property, award of spousal support or alimony, and the rules governing separation apply. And, like other marriages, same-sex couples seeking a divorce or separation must protect their interests and proceed with caution. There are still numerous issues that are considered untested waters in same-sex marriages, including but not limited to grounds for divorce (such as adultery in Maryland), as well as equitable distribution of assets when the relationship has been ongoing for far longer than the period of time that same-sex marriage was actually legal.
At Brodsky Renehan Pearlstein & Bouquet we help clients determine their individual goals and then chart a course through the divorce process to help achieve them. Recognizing that each situation is unique, our attorneys advise clients on the best strategy to pursue and then execute to successfully conclude the case. The overwhelming majority of our cases settle prior to litigation but, occasionally, a trial is necessary. Our attorneys are litigators, and should a case proceed to trial, we are skilled in the courtroom and ready to proceed.
We assist clients with:
- Same-sex divorce
- Separation and Alimony
- Division of assets including business ownership
- Child support
- Marital agreements including prenuptial and post-nuptial agreements
Let’s Have a Conversation
If you are struggling with a family law issue related to same-sex marriage, contact us so we may have a conversation. Our attorneys can advise you on moving forward and, should you choose to retain our firm, help resolve the matter in the best possible manner.