Will Maryland Grant a Gay Divorce?

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.