New Law Governing Divorce In Maryland

Maryland’s first statute regarding divorce was enacted in 1957 and amended seven times over the years. Until this October, to obtain a divorce, a spouse had to allege and prove a fault-based ground for the divorce — such as adultery, desertion, criminal conviction, insanity, cruelty of treatment and excessively vicious conduct — or the parties had to have been separated for 12 months. Additionally, the parties could divorce by mutual consent if they submitted a written agreement that resolved all issues of alimony, property distribution and the care, custody, access and support of minor or dependent children, which was approved by the court.

Much of that has changed with the Maryland state legislature’s new legislation concerning family law. To obtain a divorce as of October 1, a spouse must allege irreconcilable differences or show the couple have been separated for six months. The provisions for divorce by mutual consent remain the same.

Under the previous law, the parties had to live separately and apart from each other during their 12-month separation. Under the new law, a six-month separation may occur with the couple residing under the same roof, provided they have pursued separate lives. This change alleviates the financial impediment that existed for spouses who could not afford separate households until their assets had been divided.

No longer having to prove a fault-based ground will help many people by preventing them from having to produce evidence of painful experiences, evidence that can also be difficult to obtain. The elimination of these grounds should streamline the process of getting divorced, reducing the time and expense of a contested divorce, as well as the amount of the parties’ rancor and divisiveness. Negativity might be reduced without accusations being made to each other and couples can work toward a mutual resolution of the issues needing their attention.

A more efficient process will reduce the backlog of cases in court. Evidence of fault-based grounds, however, are still relevant to establishing other issues, such as custody, alimony and the division of property. For example, if a spouse spent marital funds on an extramarital affair, such evidence would be admissible regarding the division of assets or an award of alimony.

Irreconcilable differences, or the irretrievable breakdown of a marriage, is the basis for divorce in some other states. While there is no definition in the new law, the spouse filing for divorce must feel that the marriage cannot be saved. The courts will have to determine that reconciliation is beyond hope. Because the law is new, there is no case law in Maryland explaining this term.

If you find yourself contemplating separation or divorce, you will have many questions. David Diggs is experienced in family law litigation and mediation. If you need further information regarding this subject, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville. Call 410-244-1171 or email david@diggslaw.com.