Gay marriage is not legal in Maryland. But Maryland will grant a divorce to residents who were legally married elsewhere. Common law marriage is not legal in Maryland, but it is in DC. If you have a common law marriage in DC and move to Maryland, you can get a Maryland divorce.
So if you have a same-sex marriage where it is legal, like DC or NY, can you move to Maryland and get a divorce? The answer is, we don’t know. Last year, Attorney General Douglas F. Gansler issued a non-binding opinion suggesting that the answer should be yes.
The Baltimore Sun reports that there are already some same-sex divorce cases that will likely end up in the Court of Appeals, which will have the final say on the matter.