Understanding Maryland’s 2023 & 2024 Divorce Laws
When experiencing a major life change, it’s understandable that you’d want to share your experience and listen to the stories of others. Asking a friend for advice based on their divorce, however, isn’t always beneficial, especially with new laws in effect as of 2023 and 2024.
As of October 1, 2023 (Md. Code, Fam. Law § 7-103):
- Grounds like adultery, cruelty, and desertion are no longer valid for filing for divorce.
- A new no-fault ground for divorce, allowing one party to file even if the other does not agree.
- Couples with minor children can now file for mutual consent divorce, provided they have a parenting plan.
And thus far in 2024:
- Divorce on the grounds of irreconcilable differences now allows for more straightforward filings, potentially speeding up cases.
- The new law encourages resolving disputes outside of court, with separation agreements playing a more significant role in divorce settlements. (Md. Code, Fam. Law § 8-101)
- And although fault is no longer a factor, courts may still consider behavior like adultery when determining custody, alimony, or property division. (Md. Code, Fam. Law § 11-106)
While we might not be old friends (yet), here are some of the top questions the attorneys here at Wasserman Family Law can help answer for you:
1. What are “Irreconcilable Differences” and how are they proven?
“Irreconcilable Differences” means that one or both parties believe the marriage is broken beyond repair, with no hope of reconciliation. Maryland law does not require specific proof, such as evidence of misconduct or fault, to establish irreconcilable differences (Md. Code, Fam. Law § 7-103). A simple assertion by one spouse that the marriage is irretrievably broken is generally sufficient for the Court to grant the divorce.
2. Do both parties need to agree on irreconcilable differences?
No, only one party needs to assert irreconcilable differences. The Court can grant the divorce even if the other party does not agree.
3. Now that adultery and cruelty are no longer grounds for divorce, should they be mentioned in the Complaint for Absolute Divorce?
Maybe. Although these grounds for divorce are no longer recognized in Maryland, they may still be relevant in determining issues like child custody, alimony, or property division (Md. Code, Fam. Law §§ 7-103 and 11-106).
4. Is there a timing element for irreconcilable differences?
No, there is no specific timing requirement for irreconcilable differences (Md. Code, Fam. Law § 7-103). However, the six-month separation ground remains an alternative basis for divorce (Md. Code, Fam. Law § 7-103).
5. Is physical separation required for irreconcilable differences?
No, physical separation is not required for a divorce based on irreconcilable differences (Md. Code, Fam. Law § 7-103). Couples can file while still living together if the marriage is irreparable.
6. How does the court determine separation if the couple lives under the same roof?
The court will look for evidence that the couple is living separate lives, or no longer living together as spouses, despite sharing a home. This can include living in separate bedrooms, having separate finances, and avoiding shared activities or intimacy (Md. Code, Fam. Law § 7-103).
7. How is permanent legal incapacity proven?
Permanent legal incapacity is proven through medical evidence, such as expert medical testimony, that establishes the individual is suffering from a an incurable condition and there is no hope of recovery (Md. Code, Fam. Law § 7-103).
8. What happens to Complaints filed before October 1, 2023, on non-existent grounds?
Complaints filed on now-invalid grounds, such as adultery or cruelty, can be amended to reflect the new valid grounds, such as irreconcilable differences or separation (Md. Code, Fam. Law § 7-103). Amendments can often be made during the pendency of proceedings.
9. Will the elimination of fault-based grounds reduce conflict in divorce cases?
Maybe, eliminating fault-based grounds can reduce conflict since spouses no longer need to prove behaviors like adultery or cruelty. This allows parties to focus on resolving practical issues, such as custody, alimony, and property division (Md. Code, Fam. Law § 11-106).
10. Will the new laws result in quicker divorce resolutions?
Sometimes, the simplification of grounds for divorce, such as irreconcilable differences, can lead to faster resolutions by reducing the need for evidence and arguments about fault. However, complex disputes over issues like property or custody may still extend the timeline (Md. Code, Fam. Law § 7-103).
BONUS QUESTION
11. Should clients still consult attorneys for mutual consent divorces?
Yes, it is crucial for clients to consult with an attorney to ensure all necessary issues, such as child custody and property division, are addressed in the Separation Agreement and that all paperwork is correctly filed (Md. Code, Fam. Law § 7-103). Failure to do so may result in delays or the divorce being denied.
Wasserman White Family Law is here to answer all your divorce questions and assist you on your journey to separation.