Maryland Restricts Public Access to Divorce Records (2026)
In a rare unanimous, bipartisan vote, the Maryland General Assembly passed legislation modifying the Maryland Public Information Act (MPIA) to restrict public access to divorce records. Once signed by Governor Wes Moore, the law will substantially change what information is publicly available about Maryland divorce, custody, and financial proceedings.
What the Bill Does
The legislation requires custodians of court records to deny public records requests for:
- Divorce applications
- Financial and settlement records
- Custody orders
Final divorce decrees remain public. Records custodians must continue to allow inspection by parties to the proceedings, their attorneys, and individuals authorized by court order.
Bill Sponsors and Legislative Path
The Senate version was sponsored by Sen. Charles E. Sydnor III (D-Baltimore County). The House cross-file was carried by Dels. Karen Simpson and Kris Fair, both Frederick Democrats. Both chambers passed the bill with overwhelming, bipartisan support, and it now awaits the signatures of Gov. Wes Moore, Senate President Bill Ferguson, and House Speaker Joseline Pena-Melnyk.
Why the Change Was Made
Sen. Sydnor framed the issue squarely in privacy and safety terms, observing that "Divorce creates uniquely comprehensive records of at least two people's lives" and warning that "a stalker can learn of their victims' phone numbers, email addresses, home addresses and identifying information."
That concern was reinforced by Rae Gallagher, a Frederick County Board of Education member, who testified about being harassed after someone obtained her divorce records, published her ex-husband's phone number online, and circulated information about her minor children to county officials and on social media.
Opposition From the Bar
The Maryland State Bar Association opposed the measure. Michelle Smith, of the MSBA Family Law Section Council, argued that the categories of information the bill targets — children's names, dates of birth, and financial data — are already protected under existing court rules and standing orders. The MSBA's concern is that broader sealing of pleadings reduces transparency without adding meaningful privacy protection beyond what is already in place.
What This Means for Baltimore County Clients
- Less downside to filing detailed pleadings. If you are a Baltimore County divorce or child custody client worried that publicly accessible court papers will expose your finances, your child's private information, or your home address, this legislation reduces that exposure significantly.
- No change to discovery exchanges. Discovery, depositions, interrogatories, and requests for production occur between the parties and never become part of the public record. That practice is unchanged.
- Final decrees still public. Once the divorce is finalized, the decree itself remains accessible. This matters for re-marriage, name changes, real estate transactions, and immigration proceedings where a final decree is required documentation.
- MPIA requests for case files will be denied. Journalists, opposing parties' relatives, employers, and others who might previously have requested case file copies through MPIA will be turned away.
- Watch for the effective date. Once Gov. Moore signs the bill, the effective date is expected to be October 1, 2026 under standard Maryland practice unless the legislation specifies otherwise.
The Bigger Picture
This is the second major Maryland family law reform in as many years. In 2025, House Bill 1191 rewrote the best-interests-of-the-child analysis for custody cases by codifying 16 specific factors. Now, in 2026, the legislature is attacking the privacy side of the same problem — recognizing that the comprehensiveness of family law litigation creates real risks for vulnerable parties.
If you are about to file or respond to a divorce, custody, or protective order matter in Baltimore County, Towson, or anywhere in Maryland, the privacy implications of this legislation should be part of your strategic conversation with counsel from day one.
Call (410) 321-4994 for a Free Consultation
Amar S. Weisman is a Towson, Maryland family law attorney with 17 years of experience representing Baltimore County clients in divorce, child custody, child support, and protective order matters. Call (410) 321-4994 to schedule a free initial consultation.
