Beginning October 1, 2023, it will be much easier to obtain a divorce in Maryland with the upcoming change in divorce laws. The new law will eliminate some of the grounds for divorce that are in the current law. Adultery, desertion, conviction and imprisonment, insanity and cruelty, and excessively vicious conduct will no longer be grounds for divorce. The new grounds for divorce are:
- 6-month separation if the parties have lived separate and apart for 6 months without interruption before the filing of the petition for divorce even if the parties are living under the same roof or if separation is in accordance with a court order. Parties who have pursued separate lives shall be deemed to have lived separate and apart for purposes of the ground of six-month separation even if they reside under the same roof;
- Irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage. The law however does not specify what constitutes “irreconcilable differences”, but the courts will develop precedent as disputes continue to be presented before them.
- Permanent legal incapacity of a party who permanently lacks the capacity to make decisions.
- Mutual Consent will remain a ground for absolute divorce as provided for in the current statute.
The new law aims to streamline the grounds for divorce and simplify the process. The elimination of certain grounds and the introduction of new ones reflect a shift towards a more modern and no-fault approach.
The introduction of the 6-month separation period as a ground for divorce even if the parties are living under the same roof or if the separation is in accordance with a court order serves to emphasize the importance of the emotional and practical aspects of separation. It acknowledges that living separate lives or having irreconcilable differences can be sufficient reasons for divorce, regardless of the physical living arrangement.
While the new law may appear simplified, there are undefined areas that the courts, parties, and attorneys will need to confront, such as what constitutes ‘pursuing separate lives’ and irreconcilable differences’ under Maryland law. This means that the implementation of the new law might bring about some legal challenges and complexities. This could potentially lead to contestations and hence the importance of working with an attorney to help navigate the issues that may arise. Moreover, while grounds for divorce will be streamlined, potential conflicts related to custody, child support, alimony, and property distribution will remain the same.
In addition, under the new law, “Limited Divorce” provided for under the current law will be eliminated. This change seems to encourage parties to either move forward with a full divorce or find alternative means of separation rather than obtaining a temporary legal separation through the courts.
Overall, the new law aims to modernize the divorce process in Maryland by reducing some of the adversarial elements. However, as with any legal changes, there may be unforeseen challenges that the courts, attorneys, and parties will need to address as they arise. This makes the help of an attorney in confronting these new challenges crucial.
