Columbia Same-Sex Divorce


Columbia Maryland Same-Sex Divorce Lawyers

Helping LGTBQ clients prepare for a better future


In 2015, U.S. Supreme Court finally saw through the discrimination of gays and lesbians and authorized same-sex marriage throughout the United States. That decision not only validated Maryland marriages, which had been legal for several years prior to 2015, but it also meant that every state in America had to recognize a same-sex marriage, too. And once same-sex marriage became the law of the land, same-sex divorce became legal as well.

At McCabe Russell, PA, our Columbia LGBTQ divorce lawyers advise clients on the legal and practical issues involved in getting divorced. While many of the legal rights and issues involved in a divorce – such as division of assets, child custody, child support and alimony – are the same, there are unique differences that must be identified and addressed. Our lawyers respect and admire the LGBTQ community, and we are ready to help you navigate your divorce so you may begin the next part of your life.

What is the difference between absolute and limited divorce in Maryland?

In Maryland, divorces are either limited or absolute. Limited divorces are akin to a legal separation, in that you remain legally married; however, you also divide your assets, create a parenting plan for child custody, and may be awarded or ordered to pay alimony and/or child support. An absolute divorce is a dissolution of the marriage, which also resolves all other related issues including those that affect property, income, debts and the best interests of any children.

Uncontested divorce, grounds for divorce, and mutual consent

Often times, we have found that our clients do not want a long, contested legal battle. In fact, may wish to simply end the marriage and get on with their new lives. For these couples, an uncontested divorce is the best option. An uncontested divorce requires that you live apart for 12 months if you have minor children, and agree on all aspects of the divorce (such as alimony and asset division) and parenting plan (if applicable). If a couple has no minor children, they may file under the grounds of mutual consent.

For some couples, however, divorce is fraught with disagreement and conflict. These clients must file for a contested divorce under the grounds of:

  • Adultery
  • Desertion
  • Cruelty
  • Insanity
  • Incarceration
  • Excessively vicious conduct

Would an uncontested divorce normally cost less than a contested divorce?

It can. This is because when a divorcing couple has done their homework, they have resolved any differences between them and come to an agreement on their own, it requires far less time for a Columbia divorce attorney to handle the divorce.

When there is a high level of conflict, when the parties disagree and create conflict, this drives up attorney fees and makes the whole divorce process drag on unnecessarily.

What issues are involved in resolving a same-sex divorce?

Once a valid basis for divorce has been proved, a lawyer from McCabe Russell, PA can help you get the best results possible for each and all of the following matters:

  • Asset division of marital property. Marital property includes vested interests in future assets, such as pensions. It also includes the increase in value of assets each spouse separately brought into the marriage such as stocks and bond. Family court judges, divorce collaborators, mediators and opposing counsel assess many different factors, specifically set forth in the laws, to determine what split is equitable.
  • Spousal support is designed to help a less-affluent spouse maintain a specific lifestyle. We work with LGBTQ clients seeking or paying alimony, and we assist clients who need to modify their agreements base do life-altering events.
  • Preservation of a business. If you own a family business, it could be divided in the divorce. But what if your company is accountable to shareholders? Or if there are other partners or stakeholders in play? We work with business professionals to help them protect what is there.
  • Child support and custody. The courts care, first and foremost, about what is best for your children. Our role is to show the courts that your best interests are equal to and aligned with those of your children, and to help promote a safe, secure and healthy living situation for your family.

How long does it take to get a divorce in Howard County?

An uncontested divorce may take as little as two to three months for couples who do not have minor children. Couples with minor children or those going through a contested divorce can expect a divorce to take anywhere from 18 months or longer to resolve. Once the divorce hearing is over, if neither party appeals, the divorce will be final 30 days after the final divorce degree has been signed.

LGBTQ individuals may face different challenges and difficulties unique to them when they choose to divorce. Our goal to help ease you through the transition, and to protect you and your family while it happens. As certified Best Interest attorneys, we offer a distinct advantage to our clients when navigating the murky waters of support and custody. As seasoned trial lawyers, we provide comprehensive and aggressive strategies designed with your best interests in mind. And as the law firm you can trust, we ensure that you are given the practical, emotional and legal support you need to start your new life on the best possible footing.

Types of Cases We Handle

Our Columbia family lawyers handle a variety of cases, including:

Speak to our compassionate Columbia same-sex divorce attorneys today

The team at McCabe Russell, PA understands how difficult any divorce is. We especially understand the unique challenges of same-sex couples. Even though the laws have changed, many legal, economic and social challenges still remain. We care about your rights and needs. For help, please call 443-812-1435 or fill out our contact form to work with a member of our team in Columbia, Fulton, Bethesda or Rockville.