Public Information Act - Divorce Records, the official text

WES MOORE, Governor                            Ch. 880

Chapter 880

                   (Senate Bill 426 of the 2026 Regular Session)

AN ACT concerning

                   Public Information Act – Divorce Records

FOR the purpose of requiring a custodian to deny inspection of certain records pertaining
         to a divorce proceeding; and generally relating to divorce records and the Public
         Information Act.

BY repealing and reenacting, without amendments,
         Article – General Provisions
         Section 4–101(a), (b), (d), (f), and (g)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

BY adding to
         Article – General Provisions
         Section 4–305.1
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – General Provisions

4–101.

         (a)  In this title the following words have the meanings indicated.
              “Applicant” means a person or governmental unit that asks to inspect a public
         (b)
record.

(d) “Custodian” means:

              (1) the official custodian; or

                  (2) any other authorized individual who has physical custody and control
of a public record.

         (f) “Official custodian” means an officer or employee of the State or of a political
subdivision who is responsible for keeping a public record, whether or not the officer or
employee has physical custody and control of the public record.

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Ch. 880  2026 LAWS OF MARYLAND

         (g) “Person in interest” means:

                  (1) a person or governmental unit that is the subject of a public record or a
designee of the person or governmental unit;

                  (2) if the person has a legal disability, the parent or legal representative of
the person; or

                  (3) as to requests for correction of certificates of death under § 5–310(d)(2)
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent,
or guardian of the person of the deceased at the time of the deceased’s death.

4–305.1.

        (A) THIS SECTION DOES NOT APPLY TO A FINAL DECREE IN A DIVORCE
PROCEEDING.

        (B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A

CUSTODIAN SHALL DENY INSPECTION OF A RECORD PERTAINING TO A DIVORCE

PROCEEDING, INCLUDING:

                (1) AN APPLICATION FOR DIVORCE;

                (2) A FINANCIAL RECORD SUBMITTED AS PART OF A DIVORCE
PROCEEDING;

                (3) A RECORD OF A DIVORCE SETTLEMENT; AND

                (4) A CUSTODY ORDER.

        (C) A CUSTODIAN SHALL RELEASE A RECORD PERTAINING TO A DIVORCE
PROCEEDING TO AN APPLICANT WHO:

                (1) IS A PERSON IN INTEREST;

                (2) IS A LAWYER REPRESENTING A PERSON IN INTEREST; OR

                (3) HAS BEEN AUTHORIZED UNDER A COURT ORDER TO INSPECT THE
RECORD.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Gubernatorial Veto Override, August 4, 2026.
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