Same Sex Divorce Case to Be Heard By Maryland Court of Appeals

The Maryland Court of Appeals will hear an appeal on a denied same sex divorce next month according to the Baltimore Sun’s March 17, 2012 report. The couple, who was married in San Francisco in 2008, were married for two years before one filed for divorce in Maryland. Their uncontested divorce was denied by the Prince George’s County Circuit Court. Judge Chapdelaine of the Court denied the divorce because he found the parties California marriage was not valid in Maryland and therefore they can not divorce in Maryland. We had previously blogged on this issue as the Courts are in limbo with the legislation being passed, but not yet in effect and in light of the Attorney General’s February 2010 opinion that Maryland should recognize same sex marriages in other states as valid in Maryland. The Sun reports that few counties have granted same sex divorces, including Baltimore City, Calvert County and Prince Georges County, in another instance. As it stands it is the Judge’s call, which is why this future ruling by Maryland’s highest Court is crucial. If the Maryland Court of Appeals upholds Judge Chapdelaine’s ruling those same sex divorces that have been granted could be then potentially nullified.

For more information on same sex divorces contact an experienced Maryland Divorce Attorney.