A New Era for Divorce in Maryland: Understanding Recent Changes

Maryland residents seeking a divorce will soon face a significant shift in the process. The state legislature has recently enacted new laws that not only eliminate the "limited divorce" procedure but also modify the grounds and waiting times required to obtain an absolute divorce in Maryland.

Current Maryland Divorce Law

Both fault-based and no-fault divorces are legal in Maryland through September 30, 2023, as well as limited and absolute divorces. For an absolute divorce, couples living apart for a minimum of 12 months or those who have entered into a comprehensive settlement agreement where both parties consent to the divorce may petition for a no-fault divorce . h. On the other hand, fault-based absolute divorces can be initiated due to adultery, desertion, cruelty, or excessively violent behavior. 

In an absolute divorce, the parties' marriage is dissolved, and all matters will be settled either through agreement or legal proceedings. After the Court issues their judgment, known as a judgment of absolute divorce, the individuals may remarry. Additionally, neither party can receive property from the other after an absolute divorce, nor can one former spouse change their name without permission from the Court.

However, in a limited divorce, the Court regulates the separation of a couple. A limited divorce does not terminate the marriage. Those who choose a limited divorce often lack the prerequisites for an absolute divorce and require more immediate assistance with child custody and financial matters. There are, however, no property issues that the Court can deal with during a limited divorce.

Changes Going Into Effect on October 1, 2023

The bill titled "Family Law - Grounds for Divorce" was initially presented to the Senate on November 1, 2022. After going through amendments, it received approval from both the House and Senate on April 10, 2023, and subsequently gained Governor Wes Moore's approval on May 16, 2023. The law will come into effect on October 1, 2023.

Alterations in Grounds for Divorce under New Maryland Law

When pursuing a divorce in Maryland, individuals are required to establish one of the statutory grounds for divorce as outlined by the state's laws. The newly passed "Family Law - Grounds for Divorce" bill introduces significant changes to these grounds.

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In 2015, Maryland introduced the Mutual Consent Divorce, which allowed couples to skip the twelve-month waiting period if they mutually agreed to file for divorce and resolved all other matters in writing.

Now, Maryland's divorce laws have been amended to remove fault-based grounds for divorce entirely. Instead of proving wrongdoing on the part of either spouse, individuals seeking to be legally divorced must demonstrate one of the following:

  • Six months of uninterrupted separation before filing for divorce

  • Irreconcilable differences based on reasons stated in the divorce complaint

Additionally, Maryland's Mutual Consent Divorce option will continue to be available to couples who reach agreements on the terms of their divorce or go through the collaborative divorce process before filing their complaint.

Introduction of Irreconcilable Differences

This new change in the law recognizes that marital relationships can end without fault attributed to either party. One ground for divorce streamlines the divorce process by reducing the separation period from twelve months to six months. Another ground for divorce affords the parties the ability to divorce based on irreconcilable differences. Although the interpretation of "irreconcilable differences" is not yet clear, this new law has the potential to reduce conflict in divorce actions as neither party needs to be held at fault for the marriage's breakdown. This "no-blame" requirement benefits the family unit as a whole, making the transition easier for parents and children alike.

The new Maryland divorce law does not prevent either spouse from raising fault-related issues. The court will still take into account the reasons for the marriage's dissolution when considering matters such as alimony or property division. Therefore, survivors of domestic violence or spouses wronged by their partners can protect their rights and their children's rights by requesting the court to consider the conduct and strive for an equitable resolution.

Limited Divorce No Longer Available in Maryland

Unlike some other states, Maryland did not have a statute for legal separation, where couples could technically remain married while leading separate lives. Instead, Maryland residents had the option to file for a limited divorce prior to the recent legislative changes. A limited divorce allowed the court to address temporary issues between the parties, such as child support, custody, visitation, alimony, and joint financial obligations. Couples often sought a limited divorce during or in anticipation of separation to establish orders governing their behavior while awaiting the expiration of the state's twelve-month waiting period before filing for divorce. As a result, it may be harder for households to retain stability during periods of separation. Additionally, it is likely that children could be exposed to more conflict before the divorce can take effect.

Impact of the New Law  

what is the new divorce law in maryland

Maryland hopes to offer couples a more efficient and less emotionally stressful path to divorce by shortening waiting periods and clarifying legal criteria. It is crucial to note, however, that each divorce situation is unique, and getting legal guidance is recommended to navigate your circumstances.

As the legal landscape concerning divorce changes, it is essential to stay abreast of the state-specific regulations. Maryland's upcoming reform in divorce law set to be effective October 1, 2023, demonstrates an effort toward adapting the procedure to meet more up to date needs and realities of current couples. While it may not necessarily make the process any simpler, the importance of obtaining the right legal counsel and support cannot be emphasized enough in order for individuals to handle their divorce adequately and with assurance.

At Zadjura Family Law, we understand the importance of staying up-to-date with the latest family law updates in the state of Maryland. Our team is committed to continuous learning and professional development, ensuring that we remain well-versed in the ever-evolving landscape of family law. We actively engage in comprehensive research, regularly review legal publications, attend seminars, and participate in legal conferences focused on family law. Additionally, our firm maintains strong connections with professional networks and legal associations, allowing us to stay connected with fellow practitioners and exchange valuable insights. By actively staying informed about the latest developments in Maryland family law, we are able to provide our clients with accurate, reliable, and effective legal representation tailored to their specific needs. Contact us today for a free consultation.

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Changes to Grounds for an Absolute Divorce in Maryland

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