The new Maryland divorce law that went into effect on October 1, 2023, introduces several significant changes and features aimed at making divorce more accessible and responsive to the evolving needs of married couples and families. The two main features of this new law are as follows:
Six Months Uninterrupted Separation:
One of the key provisions of the new law allows couples to obtain a divorce even if they are still living under the same roof. In the past, couples who lived together after mutually agreeing to separate could not get a divorce unless one of them physically moved out of the shared residence. This often created practical difficulties for couples, particularly when one party couldn’t afford to move out due to financial constraints.
Under the new law, couples who are still living together can initiate divorce proceedings based on six months of uninterrupted separation. During this period, the couples can begin to adjust to their new circumstances, make plans for separate lives, work out arrangements related to custody and childcare, sell their marital home, divide the proceeds, and use the money to establish separate households. This provision recognizes the changing dynamics of modern relationships and provides a legal pathway for couples to transition out of their marriage while still living together.
This law explicitly states that couples can be considered to have lived separate and apart for the purpose of divorce even if they continue to reside under the same roof, provided they have pursued separate lives or the separation is in accordance with a court order.
Irreconcilable Differences:
The new Maryland divorce law also introduces a “no-fault” ground for divorce based on irreconcilable differences. To obtain a divorce on these grounds, the petitioner is required to state the reasons that constitute irreconcilable differences sufficient to give the other party notice that justifies permanent termination of the marriage.
It’s worth noting that the new law does not provide a specific definition of what constitutes irreconcilable differences. Instead, it leaves room for interpretation and development of legal precedents. Maryland courts will most likely rely on case law from other jurisdictions where similar laws are in effect to determine what qualifies as irreconcilable differences.
It’s advisable for individuals seeking a divorce based on irreconcilable differences to work with an attorney who can help assess whether their specific circumstances meet the threshold for irreconcilable differences. Not all differences between married individuals will automatically qualify as “irreconcilable,” and legal guidance can be essential in this process.
These features of the new Maryland divorce law reflect a more contemporary and flexible approach to divorce, recognizing the practical and emotional complexities that couples may face when ending their marriages. The law provides couples with options for seeking divorce that are more aligned with their unique situations and needs.
