Governor Moore Vetoes Unanimous Divorce Privacy Bill, Citing Existing Protections
Maryland Governor Wes Moore vetoed Senate Bill 426 on May 22, 2026, rejecting legislation that would have shielded most divorce records from public inspection despite the bill receiving unanimous support from both the Maryland Senate and House of Delegates. The veto leaves Maryland divorce filings publicly accessible, meaning sensitive financial disclosures, custody arrangements, and personal allegations remain available to anyone who requests them at the courthouse.
Key Facts: SB 426 Veto
| Detail | Information |
|---|---|
| What happened | Governor Moore vetoed SB 426, the divorce records privacy bill |
| Veto date | May 22, 2026 |
| Legislative vote | Unanimous approval in both Senate and House |
| Governor's reasoning | Called the bill "too heavy handed" |
| Current law | Most divorce records remain publicly accessible |
| Affected residents | All Marylanders filing for divorce |
Why This Veto Matters for Maryland Families
Governor Moore's veto maintains the status quo where divorce records in Maryland remain largely public documents. Under Md. Code, Cts. & Jud. Proc. § 2-203, court records are presumptively open to public inspection unless a specific exemption applies. This means that financial affidavits detailing income, assets, and debts filed during divorce proceedings can be accessed by employers, neighbors, journalists, or anyone else who visits the clerk's office.
The bill's sponsor introduced SB 426 after a constituent received death threats when her divorce records were posted online by a third party. The constituent's case illustrates a growing concern in the digital age: information that was once practically obscure because it required a trip to the courthouse now spreads instantly through social media and public records websites.
Governor Moore acknowledged these concerns but stated that existing Maryland court rules already provide mechanisms for parties to seal sensitive information. Under Maryland Rule 16-934, litigants can file motions to seal specific documents when public disclosure would cause harm. However, critics of the veto note that this process requires additional legal filings, court appearances, and often attorney fees ranging from $500 to $2,000 per motion.
How Maryland Currently Handles Divorce Record Privacy
Maryland courts operate under a presumption of public access established by Md. Code, State Gov't § 10-611 and refined through court rules. Currently, the following divorce-related documents are publicly accessible in Maryland:
- Divorce complaints and counterclaims listing grounds for divorce
- Financial statements showing income, assets, and liabilities
- Custody evaluations when filed with the court
- Settlement agreements incorporated into final judgments
- Alimony and child support calculations
Parties seeking privacy must affirmatively request sealing under Maryland Rule 16-934, which requires demonstrating that the harm from disclosure outweighs the public interest in access. Judges grant these motions in approximately 60-70% of cases when properly filed, according to Maryland Judiciary statistics, but many self-represented litigants are unaware this option exists.
SB 426 would have flipped this default. Instead of requiring parties to seek protection, the bill would have made divorce records presumptively sealed, with access limited to the parties, their attorneys, and others with demonstrated need. Approximately 23 states have adopted some form of presumptive sealing for family court records, including neighboring Virginia, which implemented Va. Code § 20-124 protections in 2019.
The Digital Age Privacy Problem
The constituent whose case inspired SB 426 experienced what family law attorneys increasingly see: public records weaponized through the internet. Websites that aggregate court records can make divorce filings searchable within hours of filing. A 2024 study by the National Center for State Courts found that 34% of family court litigants reported concerns about third parties accessing their case information online.
In Maryland, approximately 28,000 divorce cases are filed annually according to the Maryland Judiciary's 2025 Annual Report. Each filing generates multiple documents containing sensitive information:
- Social Security numbers (though courts now allow redaction upon request)
- Home addresses and workplace locations
- Bank account balances and investment holdings
- Allegations of abuse, addiction, or infidelity
- Children's names, schools, and medical conditions
Governor Moore's position that existing protective orders are sufficient assumes litigants know these options exist and can afford to pursue them. The Maryland Access to Justice Commission estimates that 80% of family law litigants in Maryland are self-represented, making navigation of sealing procedures particularly challenging.
Practical Takeaways for Maryland Residents Filing for Divorce
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File a motion to seal sensitive documents at the start of your case under Maryland Rule 16-934, rather than waiting until problems arise.
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Request redaction of Social Security numbers, financial account numbers, and minor children's full names from all filings using the court's standard redaction form.
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Consider including a confidentiality provision in any settlement agreement that limits public disclosure of terms.
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Monitor public records websites periodically during and after your divorce to identify if your information appears online.
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If you face harassment or threats related to disclosed divorce records, document all incidents and report them to local law enforcement, which may strengthen a subsequent motion to seal.
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Consult with a Maryland family law attorney about strategic filing approaches that minimize sensitive disclosures in publicly accessible documents.
What Happens Next
The Maryland General Assembly could attempt to override Governor Moore's veto when it reconvenes in January 2027. A veto override requires a three-fifths vote in both chambers. Given the original unanimous passage, supporters may have the votes, though legislative priorities can shift between sessions.
Alternatively, advocates may work with the Governor's office to craft compromise legislation that addresses his "too heavy handed" concerns while still providing meaningful privacy protections. Potential middle-ground approaches include:
- Automatic sealing of financial documents only, while keeping basic case information public
- A simplified, no-cost process for requesting sealing at the time of filing
- Delayed public access, making records available only after final judgment
For now, Maryland residents should assume their divorce filings will be publicly accessible and plan accordingly.
Frequently Asked Questions
Can I seal my Maryland divorce records right now without SB 426?
Yes, you can file a motion to seal under Maryland Rule 16-934 at any point during your divorce case. You must demonstrate that the harm from public disclosure outweighs the public interest in access. Courts grant approximately 60-70% of properly filed sealing motions, though the process typically costs $500-2,000 in attorney fees.
What specific information in Maryland divorce filings is publicly accessible?
Maryland divorce records include your complaint listing grounds for divorce, financial statements showing income and assets, custody arrangements, settlement agreements, and support calculations. Home addresses, employer information, and detailed financial account balances appear in these documents unless you proactively request redaction.
How many states have automatic divorce record sealing like SB 426 proposed?
Approximately 23 states have adopted some form of presumptive sealing or restricted access for family court records as of 2026. Virginia implemented protections under Va. Code § 20-124 in 2019. Maryland would have joined this trend had Governor Moore signed SB 426.
Can the Maryland legislature override Governor Moore's veto of SB 426?
Yes, the Maryland General Assembly can override the veto with a three-fifths vote in both chambers when it reconvenes in January 2027. Given the original unanimous passage in both the Senate and House of Delegates, supporters likely have sufficient votes, though political dynamics may shift before the next session.
What should I do if my divorce records are already posted online by third parties?
Document the online posting and report it to local law enforcement if it includes threats or harassment. File a motion to seal under Maryland Rule 16-934 citing the actual harm caused. Consider sending takedown requests to website operators, though compliance is not guaranteed without a court order.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.