Maryland has just overhauled its divorce laws. The new law takes effect on October 1, 2023. In summary, all “for fault” grounds for divorce have been abolished, and there will be no more limited divorces allowed. The new Maryland divorce law was signed by the Maryland Governor on May 16, 2023.

Under the old Maryland divorce law, still valid until the end of September 2023, various “for fault” grounds could be alleged as justification for seeking a divorce. These included:

• The spouses were separated — six months for a Limited Divorce; twelve months for an Absolute Divorce
• Cruelty
• Desertion
• Adultery
• Imprisonment
• Mental insanity

Other than separation, all of these grounds for divorce will be abolished as of October 1, 2023. Instead, the new Maryland divorce statute will allow a couple to seek divorce under three circumstances (which are all essentially “no-fault” grounds for divorce).

Separation remains grounds for divorce. However, a full and complete divorce can be sought on the basis of a separation lasting months or more. This used to be twelve months. This will make it easier for couples to seek a divorce. The new Maryland divorce statute also makes changes with respect to how “separation” is defined. The statutory language specifies that all that is required for a “separation” is that the couple has lived “separate and apart for six months without interruption…” Moreover, the new Maryland divorce law permits a finding of “separation” even if the couple has remained living under the same roof during their separation and even if the separation is pursuant to a court order (rather than by choice).

The new Maryland divorce statute adds a new “no-fault” basis for seeking a divorce called “irreconcilable differences.” This is a common legal ground for seeking a divorce in many States around the country. The new statute does not offer a definition of “irreconcilable difference” but will likely be interpreted in the same manner as interpreted in other States. Generally, irreconcilable differences means that the marriage has broken down and that resolving the differences is not possible.

How does a couple prove irreconcilable differences? Usually, irreconcilable differences is stated in the Petition For Divorce, and not too much proof is required. This is true if the other spouse is not objecting to the divorce. If one spouse objects to the divorce, likely the grounds for divorce can be converted to “separation.”

The third “no-fault” basis for seeking a divorce in Maryland is called “divorce by mutual consent.” This is a current basis for seeking a divorce in Maryland. This ground has been carried over to the new Maryland divorce regime. This method requires that the couple agree to each and every issue in their divorce and reduce their agreement to a written Settlement Agreement which is filed with the Maryland divorce court.

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.