In October 2023, new rules went into effect that impact divorces in Maryland. The new laws make it less burdensome for Maryland spouses to get divorced.
Prior to October 2023, Maryland offered limited divorce and absolute divorce. Limited divorce, also known as legal separation, did not legally dissolve a marriage, but allowed spouses to set legal terms for issues such as property division, alimony and child custody.
An absolute divorce legally dissolved the marriage and was categorized as a fault or no-fault divorce. A no-fault divorce involved both spouses agreeing to divorce and required a 12-month separation period. A fault divorce required one spouse to prove a reason for the divorce, such as adultery or desertion.
The new rules
Under the new rules, there are three no-fault grounds for divorce. Fault based divorce no longer exists. Additionally, the time requirement for living apart has been shortened.
The three no-fault divorce grounds are:
- Irreconcilable differences
- Mutual consent
- Six-month separation
Irreconcilable differences involve an assertion by one spouse that the marriage is over and there is no reasonable prospect of reconciliation.
If both spouses agree that the marriage is over, they can obtain a divorce by mutual consent. This involves drafting and filing a settlement agreement that details the resolution of all divorce issues, such as child custody, alimony, child support and property division.
The marital settlement agreement must address all divorce issues and demonstrate that there are no decisions that must be made by the court.
The one-year separation period has now been shortened to six months. Spouses can receive a divorce if they can show that they have lived apart for six months.
Additionally, the six-month separation period is not required to involve separate households. You and your spouse can continue to reside in the same residence for the six-month period if you can show that you lived separate lives.
Ways to show this include providing evidence that you slept in separate bedrooms, had your own separate living spaces or financially separated your lives, such as maintaining separate bank accounts.
Benefits of the new laws
The new laws potentially make divorce easier, quicker and less costly than before. If you are seeking a divorce, you no longer need to prove fault grounds, move out of a home or be separated for an entire year before finalizing your divorce and moving forward with your life.
Although the fault-based grounds for divorce are no longer available, if you and your spouse cannot resolve all issues, a court will still consider each spouse’s behavior when deciding certain issues, such as an alimony award from one spouse to another, child custody or marital property division.
While the new divorce laws could simplify the process, divorce issues such as child custody and property division can be complex. It is important to know your rights under Maryland divorce laws to receive a fair outcome.