Fault-Based And No-Fault Divorce In Maryland
On October 1, 2023, new rules went into effect impacting Maryland’s divorce laws. The legislature did away with outdated laws that unfairly restricted divorce from Maryland residents. Divorcing spouses are no longer required to prove which party is at fault for the breakdown of the marriage. Instead, Maryland residents can only get divorced based on three no-fault grounds:
- Six-month separation
- Irreconcilable differences
- Mutual consent
How did the law work prior to October 2023?
Before October 2023, Maryland law provided two distinct types of divorce: limited divorce and absolute divorce. Limited divorce, also known as legal separation, did not completely dissolve the marriage. Instead, it provided temporary relief for settling matters such as child custody, child support, and alimony. A limited divorce could be revoked at any time based on the request of both parties. But it was eliminated with the new legislation that came into effect in 2023.
Meanwhile, grounds for absolute divorce were categorized as either fault or no-fault. Under Maryland’s no-fault grounds, mutual consent must be given by both parties accompanied by a 12-month period of separation in which the couple must “live apart” for 12 months without interruption before filing for divorce.
“Fault” grounds for divorce included reasons such as adultery, desertion, vicious conduct, and more. These fault-based grounds have been replaced with the no-fault grounds mentioned above.
How does the law work now?
The new law makes obtaining a divorce more accessible and potentially considerably cheaper. Spouses in unhappy marriages are no longer required to prove that their partner had an affair or worry about the expense of proving the affair.
The new statute also reduces the period of separation necessary before filing for divorce from one year to 6 months. Spouses are no longer required to live separately, but can live in the same home while “pursuing separate lives.”
New no-fault grounds for divorce in Maryland
- Six-month separation – Under the old rules, you and your spouse had to live separately for a period of 1 year before you could obtain a divorce. Today, you can either live separately for a period of 6 months or live in the same house, but live completely separate lives. In other words, you can avoid sharing a bedroom, avoid sharing meal times, and maintain separate bank accounts to prove that you are “leading separate lives.”
- Irreconcilable differences – Whoever initiates the divorce would set forth reasons why the marriage should end. These reasons should demonstrate why there will never be a reconciliation between the spouses, and so, the end of the marriage should be final.
- Mutual consent – If both spouses worked together to produce and sign a written settlement agreement that resolves all issues related to alimony, property distribution, custody, and child support, then they can proceed with their divorce on the grounds of mutual consent. The marital settlement agreement should leave no issues for the court to decide.
Talk to a Maryland Divorce Lawyer Today
Pursuing a divorce in Maryland? Call the Bel Air family lawyers at Schlaich & Thompson, Chartered to schedule an appointment and we can begin discussing your next steps toward actualizing your divorce.
