MD lawmakers aim to restrict divorce records from public

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Legislation to protect personal information from divorce proceedings received overwhelming, bipartisan support from state lawmakers, but the Maryland State Bar Association questioned whether the measure would make a difference.

The Maryland General Assembly passed legislation this past session to alter the Maryland Public Information Act to restrict the inspection of records from divorce proceedings by members of the public.

“Divorce creates uniquely comprehensive records of at least two people’s lives: Their finances, their routines, their relationships with family and friends,” Sen. Charles E. Sydnor III, D-Baltimore County, said as he presented the bill before the Senate Judicial Proceedings Committee during a February hearing in Annapolis. “The public expectation of transparency should not extend to all vulnerable details available under the current law.”

Sponsored in the Senate by Sydnor and in the House by Dels. Karen Simpson and Kris Fair, both Frederick Democrats, the bill would require the denial of public records requests for divorce applications, financial and settlement records and custody orders.

Although the bill received unanimous, bipartisan support in both chambers, the state bar association provided opposition testimony, noting that the Public Information Act isn’t necessary to obtain divorce records.

“You can go to any county clerk’s office, and you can obtain them by using a computer that is located in the court’s office,” said Michelle Smith, a member of the bar’s Family Law Section Council. “What you can’t obtain … is restricted information,” including data regarding children’s names, dates of birth and financial information already barred from public access by the courts.

Although it protects most records in divorce proceedings, the legislation would not exempt final decrees if signed into law by Gov. Wes Moore, Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk, all Democrats.

Additionally, it would require records custodians to allow for the inspections of protected records if the requestor is a party of those proceedings or their attorney, or if the requesting individual has been authorized to inspect the records by court order.

“A stalker can learn of their victims’ phone numbers, email addresses, home addresses and identifying information …” Sydnor said. “This lack of privacy protections poses a significant financial, emotional and personal risk to the public.”

Parties in divorce proceedings can request that their records be sealed, but Simpson said many people don’t know that is an option.

As she presented it to the House Government, Labor and Elections Committee, Simpson said the bill was “constituent-requested.” Sitting next to her was Rae Gallagher, a member of the Frederick County Board of Education who was allegedly harassed through information obtained in her divorce records.

Gallagher served as the president of the board in 2025. During that time, she said a local individual “who was well-known for harassing public officials” began attending meetings that she presided over. Gallagher had a sheriff’s deputy remove him several times because of his vulgar language and threats.

“He posted various content on social media that directly targeted me, which led to me receiving incredibly nasty and vulgar messages, including direct death threats that were investigated by our local sheriff and sheriff[s] in other states,” Gallagher said. 

While she was experiencing this, Gallagher filed for divorce. 

She said that after her divorce was finalized, the man who had targeted her went to the courthouse and requested a copy of the full records, which he received — save for financial and custody agreements. Upon their receipt, he published Gallagher’s ex-husband’s phone number online, encouraging people who followed him to call. He also sent a full copy of the records to elected county and Board of Education officials in Washington and Frederick counties, and posted details of the final agreement online, saying that he would email a copy to anyone who reached out to him.

“The worst part of this is that my minor children’s information was included in those records,” Gallagher said. “The process of filing for divorce is incredibly painful, and I don’t believe anybody outside of those parties who are directly related should have any access to these divorce records unless there is a specific reason for them to do so.”