Yes. As discussed in our previous article, in mid-May 2023, Maryland adopted a new divorce law that abolished the old “for fault” grounds for divorce. The new Maryland divorce law will take effect on October 1, 2023. Under the old Maryland divorce law, there were several “for fault” grounds that could be cited by either spouse as a reason for seeking the divorce. These were:

• Separation
• Cruelty
• Desertion
• Adultery
• Imprisonment
• Mental insanity

While evidence and proof of these matters will no longer be used as reasons for seeking a divorce, these will still be relevant to Maryland divorce cases. Put another way, fault IS still going to be relevant to how the divorce plays out. However, fault will not be needed as a reason for the divorce.

Why? Divorce in Waldorf, Maryland, involves a Maryland divorce court making determinations with respect to the division of marital property and concerning alimony. Further, if there are children of the marriage, the Maryland divorce court must make decisions about custody, visitation, and child support payment obligations. For each of these issues, Maryland divorce courts will take into account and evaluate the various circumstances that contributed to “the estrangement of the parties.” In other words, “why” the couple is divorcing is still relevant to issues involving property division, alimony, and child custody. This is required and allowed by other statutory provisions in Maryland’s divorce laws. When Maryland revised its divorce statutes, it did not eliminate all of the provisions; just those related to the previous “for fault” reasons for seeking a divorce.

For example, as noted, when a couple divorces, Maryland divorce courts make an “equitable division” of the marital assets. By statute — MD Code, Family Law, § 8-205 — the court must evaluate eleven factors in making the division. One factor is the “circumstances that contributed to the estrangement of the parties.” If adultery, cruelty, insanity, incarceration, or some other former ground for divorce contributed to the estrangement of the spouses, the Maryland divorce court is allowed to take those issues into consideration in making an “equitable” division of the marital properties. Put another way, the guilty spouse might receive less than an equal split when the marital property is divided. Adultery will probably still be very relevant if the adulterous romance involves the wasting of marital assets.

In the same manner, “the circumstances that contributed to the estrangement of the parties” is explicitly listed as a factor to be considered by Maryland divorce courts in making determinations of alimony awards.

Finally, in a similar manner, when awarding custody, Maryland divorce courts are explicitly directed to consider a list of about 10 factors, including the fitness of each parent and the character and reputation of each parent. Here cruelty, insanity, incarceration, and even adultery might weigh on the fitness of a spouse to be a parent and also on their character and reputation.

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.