Changes Are Coming to Maryland Divorce Laws

The way Maryland residents get divorced will change this fall. The state legislature has passed new Maryland divorce laws that eliminate the state’s “limited divorce” procedure, and change the wait-times, as well as the legal grounds parties must prove to obtain an absolute divorce in Maryland. Here’s what you need to know:

Legislature Changes Maryland Divorce Laws

The Maryland Senate and General Assembly have passed a bill titled “Family Law - Grounds for Divorce.” Originally presented to the Senate on November 1, 2022, the bill, with amendments, was approved by both the House and Senate on April 10, 2023, and approved by Governor Wes Moore on May 16, 2023. It will go into effect on October 1, 2023. The new law means big changes for Maryland divorce attorneys and residents seeking to separate from their spouses, especially in three key ways.

Changes to Grounds for Divorce Under Maryland Divorce Law

Whenever a person wants to end their marriage, they must establish one of the statutory grounds (or reasons) for divorce under Maryland divorce law. As the name suggests, the “Family Law - Grounds for Divorce” bill changes those reasons in some pretty significant ways.

Under the old law, a person filing a complaint for absolute divorce was responsible for proving the divorce was appropriate based on one of the following legal grounds:

• Adultery
• Desertion
• Criminal convictions leading to jail/prison time
• 12-month separation
• Insanity
• Cruelty of treatment of excessively vicious conduct towards a spouse or child

Each of these reasons for divorce was based on a specific wrongdoing or conduct by the other spouse. If a person couldn’t prove their spouse did one of these specific things wrong or that they have lived separate and apart for 12-months, their complaint for divorce could be dismissed, and they would have to remain married.

In 2015, the Maryland legislature added a new grounds for divorce: Mutual Consent Divorce. This alternative to fault-based divorce allowed both parties to agree to file for divorce and skip the 12-month waiting period, as long as they also agreed (in writing) on everything else.

Now, Maryland’s divorce laws are being amended to remove the fault-based grounds for divorce entirely. Instead of proving that either spouse did anything wrong, a party seeking to be single must show one of the following:

• 6 months of separation, living separate and apart without interruption before the filing of the application for divorce
• Irreconcilable differences based on reasons stated in the complaint for absolute divorce
• Permanent legal incapacity to make decisions (due to physical or mental health) in certain circumstances

Maryland’s Mutual Consent Divorce statute will also continue to be an option for couples who agree on the terms of their divorce, or who go through the collaborative divorce process to resolve their outstanding issues prior to filing their complaint.

This is a big change because it recognizes that marriage relationships can fail without either party being “at fault.” It will make obtaining a divorce quicker (shortening the separation period from 12 months to 6 months). While it is not yet clear how courts will interpret “irreconcilable differences” the new law may also reduce conflict in many divorce actions, since neither party needs to be held at fault for the breakdown of the marriage. Elimination of the “blame” requirement is good for children of divorce, as it may make transitions easier for parents and children alike.

The new Maryland divorce law does not specifically prevent either spouse from raising fault-related issues. The Court will still be required to consider the reasons for the break-up of the marriage when considering alimony or property division. This means that survivors of domestic violence, or spouses wronged by their partners’ financial or moral decisions can still seek to protect their rights and their children’s rights, with a request that the Court consider the conduct in an effort to fashion an equitable result.

No More Limited Divorce in Maryland

Maryland divorce laws don’t contain a statute for legal separation like some other states – where couples can stay technically married but maintain separate lives. Instead, prior to the recent legislation, Maryland residents could file a complaint for limited divorce. In a limited divorce, the parties’ marital status didn’t change but the courts were able to address temporary issues between them such as:

• Child support
• Custody and visitation
• Alimony
• Joint financial obligations

Most often, couples would seek a limited divorce in anticipation of or at the time of separation and obtain orders that would control the parties’ behavior while waiting for the state’s 12-month waiting period to expire so they could file for divorce.

However, as of October 1, 2023, Maryland divorce law will no longer include limited divorce. The new law repeals the process entirely. The removal of this tool from family lawyers’ toolbox could make it challenging for families who are separated but not yet ready for divorce to maintain their households and support their children in the interim. This could make it harder for couples to fully separate, which may result in children being exposed to more conflict before the divorce proceedings can even begin.

Changes to When Spouses are Considered Separated

A third big change included in the law broadens what it means to “live separately.” Under Maryland’s old 12-month separation law, spouses were required to maintain entirely separate residences. Even a single night under the same roof could restart the clock and delay the parties’ ability to file for an absolute divorce.

The new law changes that. It specifies that parties who have “pursued separate lives” must be considered to have lived separate and apart, even if they are still living under the same roof. This will make it easier for parties to establish the 6-month separation requirement described above, even if they don’t have the money to maintain two separate households.

At the Law Office of Shelly M. Ingram, our divorce attorneys stay on top of changes to Maryland divorce laws. We know how to handle the coming changes and are ready to help our clients navigate the legal challenges ahead. We will help you consider your options leading up to your divorce, and help you establish the necessary grounds to obtain an absolute judgment of divorce. You don’t have to work through your divorce alone. We will help you protect your rights and find a solution that works for you and your family. Call (301) 658-7354 or contact us today to schedule a consultation with an attorney.