In 2020, in a case called Sherman v. Rouse, the Maryland Court of Special Appeals had to decide whether a 2003 Vermont civil union, which pre-dated marriage equality, should be treated the same as a marriage for purposes of granting a divorce and related rights, including spousal support and equitable division of property. One aspect […]
The recent Supreme Court decision in Obergefell v. Hodges makes marriage equality the rule in all U.S. jurisdictions. Couples whose marriages will now be recognized in all states should give some thought to these estate planning issues implicated by the ruling: Joint filing is available for income tax returns—not only federal returns, but also state […]
As a result of voter approval, the Maryland Code has been amended to provide: “Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.” Same-sex spouses and couples in Maryland are entitled to the same rights and obligations under Maryland law as opposite-sex spouses and couples. On […]
On May 18, 2012, in Port v. Cowan, the Maryland Court of Appeals unanimously held that Maryland courts will recognize a same-sex marriage validly entered into in another state for purposes of granting a divorce. Maryland’s highest court said that its holding is in line with Maryland’s history of according deference to marriages validly performed […]
A common law marriage is a marriage that is entered into informally, without a license. Informal marriages have been abolished in most states, but they are still available in a handful of states and the District of Columbia. The required elements of common law marriage in DC are: (1) cohabitation; following (2) an express mutual […]
A bill has been introduced in the District of Columbia City Council that would expand the authority of D.C. Superior Court to grant adoptions to same-sex couples. Under current law, a same-sex couple may adopt a child together if the petitioner lives in the District of Columbia or the child is in the legal care […]
