Changes to Grounds for an Absolute Divorce in Maryland
According to current Maryland law, a spouse may file for divorce on the grounds of a 12-month separation, mutual consent provided that the parties have a formal agreement that settles all matters relating to child custody, spousal support, and property before filing, adultery, desertion, conviction of a felony, insanity, cruelty, or overly violent behavior.
However, starting on October 1, 2023, a spouse will be entitled to file for divorce following a 6-month separation, mutual consent provided that the parties have a formal agreement that settles all matters relating to child custody, spousal support, and property before filing, or by asserting that there are "irreconcilable differences."
The new law regarding a 6-month separation simply requires the parties to have pursued separate lives—even if they are still living under the same roof physically—rather than the previous law, which required them to have lived apart for 12 months in separate residences.
Fault-Based Grounds Will No Longer Be Available as Grounds for Absolute Divorce
Beginning on October 1, some grounds for seeking divorce will no longer be accepted by the courts; namely adultery, desertion, conviction of a felony, insanity, cruelty of treatment and exceptionally vicious conduct. Nevertheless, the court will still consider a spouse's behavior when deciding child custody arrangements, granting alimony or how to distribute marital property. To pursue one of these fault-based grounds for divorce, an application must be made before October 1, 2023.
New Grounds for Divorce in Maryland
Starting October 1, 2023, the following will be the new grounds for divorce in Maryland:
6-month separation - if the parties have lived apart for at least six consecutive months before the filing of the divorce petition or
Irreconcilable differences - based on the moving party's stated reasons for the permanent termination of the marriage; or
Mutual consent - requires parties to have a signed written settlement agreement resolving all issues concerning alimony, property distribution, custody, and child support, submit their signed agreement with child support guidelines, neither party files to set aside the agreement, and the Court believes the agreement is in the best interests of any minor or dependent children.
Need a Consultation?
Eliminating fault as a ground for divorce does not exclude the same from still being a component of divorce. The factors that led to the couple's estrangement may still be considered by the Court when deciding on certain aspects of the parties' divorce. However, once the new law goes into effect in October, parties will find it simpler to get a divorce without first having to live apart, in separate homes, for a whole year unless they meet one of the other grounds for divorce.
Questions on how the new divorce law in Maryland can affect you? Booking a free 15-minute consultation with Zadjura Family Law could be the crucial first step towards resolving your concerns effectively and efficiently. With our extensive experience and deep understanding of family law, Zadjura Family Law is committed to providing personalized support tailored to your unique situation. Whether you are facing issues related to divorce, child custody, alimony, or any other aspect of family law, our team of skilled professionals will offer guidance that can help navigate the complexities of the legal system.
By scheduling a consultation, you have an opportunity to discuss your case openly and confidentially with experienced lawyers who will listen attentively and provide you with valuable insights into your rights and options moving forward. Our compassionate approach ensures that we not only address your immediate concerns but also consider the long-term implications on your family's well-being. Through this initial consultation process, Zadjura Family Law aims to establish trustful relationships based on clear communication and mutual understanding—a foundation for effective representation throughout the entire legal journey ahead.