Maryland lawmakers have substantially revised Maryland’s divorce laws. The new law takes effect on October 1, 2023. If you have questions about obtaining a divorce in Maryland, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and skilled divorce and family law attorneys located in Waldorf, Maryland. We provide divorce and family law legal services for La Plata, Clinton, Bowie, Greenbelt, Landover, and other communities in Southern Maryland. Here are answers to some frequently asked questions about Maryland’s new divorce law.

What are the “Big” Changes?

On October 1, 2023, Maryland will become a “true” no-fault divorce State. That is, all of the previous for-fault grounds for divorce, such as adultery, are abolished. The other “big” change is the elimination of Limited Divorce. Going forward, all divorces in Maryland will be Absolute Divorces.

What are the Grounds for Divorce in Maryland After October 1, 2023?

After October 1, 2023, the grounds for divorce will be:

• Six-month separation
• Irreconcilable differences or
• In a divorce by mutual consent, the spouses execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to the divorce

What Does “Separated” Mean Under the New Maryland Divorce Law?

The new law changes the definition of “separated” for purposes of obtaining a Maryland divorce. Under the old law, a couple had to live in separate households and could not be deemed “separated” if one spouse was required to live separately from the other spouse. Under the new law, it is not required that the couple live in separate households. Proof of separation can be shown if each spouse slept in separate bedrooms, ate meals separately, did not have sexual relations, etc. The new law also allows Maryland divorce courts to make a finding of “separation” even if the separation was required by a court order or some other mechanism beyond a spouse’s choice.

Will Maryland Divorces Still be Contested and Uncontested?

Yes. The irreconcilable differences ground option will be for contested divorces. If one spouse does not want a divorce, the other spouse can still apply for a divorce.

What Was a Limited Divorce?

Under the old law, couples could obtain a Limited Divorce. Basically, Limited Divorce was a divorce in all respects except for the actual termination of the marriage. The spouses would divide their property, one spouse might pay alimony, child custody might be awarded, one spouse might have visitation rights and pay child support, etc. However, as noted, the couple would still be considered legally married. Thus, neither spouse was eligible for remarriage.

Why Was Limited Divorce eliminated?

It is not entirely clear why Limited Divorce was eliminated. It may have been an effort by lawmakers to make Maryland divorce laws more efficient.

Will Previously Granted Limited Divorce Remain Valid?

Again, it is unclear. However, it is likely that previously-granted Limited Divorces will remain valid in Maryland after October 1, 2023

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.