NEW: Maryland Divorce Laws as of October 1, 2023

On May 16, 2023, Governor Wes Moore signed new legislation into law which completely overhauls the Maryland divorce law scheme. This new legislation went into effect on October 1, 2023.

How does this new legislation affect you and your divorce?

Limited Divorce

The new legislation repeals limited divorce in its entirety. Limited divorce did not dissolve the marriage and could be more easily compared to a legal separation. It provided parties a basis to seek relief when they did not otherwise qualify for, or for some other reason could not request, an absolute divorce. This relief included child custody, child support, and alimony. However, you can no longer request a limited divorce in Maryland.

Absolute Divorce

The new legislation also revises how you can receive an absolute divorce under the law. When you file for a divorce, you must do so under certain statutory grounds. Prior to the new law, you could receive an absolute divorce in Maryland under the following grounds:

• Adultery

• Desertion

• Conviction of a felony or misdemeanor with incarceration

• 12-month separation

• Insanity

• Cruelty of treatment or vicious conduct toward a spouse or minor child

• Mutual consent

However, the new legislation has changed these grounds and now, you can request an absolute divorce under these new grounds:

• 6-month separation

• Irreconcilable differences

• Mutual consent

Why this change matters

While limited divorce was rarely used, it gave parties who could not end their marriage a way to still obtain necessary protection under the law. Parties may have been unable to end their marriage for many reasons, including religious restrictions and access to health care. Repealing limited divorce may have a negative impact on individuals in these, or related, circumstances.

However, the new legislation has rendered it easier to seek an absolute divorce in Maryland than it was before. Previously, the law only provided two ways to seek a divorce on no-fault grounds: 12-month separation (including separate homes) or mutual consent. A 12-month separation is often not economically feasible for many couples, because maintaining two separate households is costly, creates childcare issues, etc. To qualify for a divorce under mutual consent, parties are required to settle all outstanding issues related to the marriage, including property division, alimony, child support, and child custody, expressed in a signed, written agreement.

If you did not qualify for either of those grounds for divorce, you had to prove that your spouse committed some wrongdoing under one of the fault-based grounds. Proving fault-based grounds for divorce could be difficult, timely, expensive, and often heightened the conflict between the parties.

The new law makes divorce more attainable in multiple ways. First, it shortens the requisite period of separation to six months and removed the requirement that parties must live in separate homes. Rather, parties can now be separated but reside in the same household as long as they maintain separate lives and bedrooms. The law also repeals many of the fault-based grounds for divorce and added “irreconcilable differences” as a non-fault basis for divorce. While it is unclear how the courts will address “irreconcilable differences”, it is generally applied in situations where the marriage has broken down and the parties wish to seek a divorce without proving fault, separating for the requisite time frame, or coming to a mutual agreement on all related issues.

Pending Divorce Actions

If you have a divorce action currently pending in a Maryland court, this legislation will not affect your case. These changes only apply to filings initiated on or after October 1, 2023.

If you have further questions regarding Maryland’s new divorce laws, please contact Markham Law Firm at 240-396-4373 to setup a consultation.