Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Maryland, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and obligations regarding marriage and divorce as opposite-sex couples. This means that the legal process for obtaining a divorce, including the grounds for divorce, division of property, alimony, and other related matters, is the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges in divorce proceedings, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent may need to take legal steps to establish parental rights, such as adoption. Without these steps, the non-biological parent may face difficulties in asserting custody rights, especially if the biological father challenges custody and has not legally terminated his parental rights. It is important for same-sex couples to understand their parental rights and to take appropriate legal action to protect those rights in the event of a divorce.