The greatest change in Maryland domestic law in more than 50 years is now in effect. Legislation passed earlier in the year has fundamentally altered the grounds on which a court can grant a divorce, completely eliminated one type of divorce, and changed the way that marriage will be valued in domestic litigation.
The grounds for divorce are stated in the Maryland Code, Family Law Article, Part 7. Historically, Maryland has recognized three types of divorce: a limited divorce, an absolute divorce based on the fault of one party, and an absolute divorce without fault.
A limited divorce is what other states called “a legal separation.” This is used when one party did not want to live with the other but wanted to maintain the marriage itself. It was often used by people of religious faith who found it impossible to live with the other (perhaps because of physical or emotional abuse) but wanted to honor the state of marriage for religious reasons.
A divorce based on fault could be for adultery, desertion, cruelty of treatment, excessively vicious conduct, or conviction of a felony with incarceration. A divorce without fault could be granted based on a written agreement or a separation lasting at least 12 months.
This historical structure has now been completely changed. The limited divorce has been eliminated. There are now only three grounds for an absolute divorce, those being:
Six Month Separation
Separation remains a ground for absolute divorce, but with significant changes. The statute no longer includes the phrase “without cohabitation” and states that a “separation” includes parties “who have pursued separate lives” even if they continue to live in the same house.
Irreconcilable Differences
Irreconcilable differences is a new ground for absolute divorce. The specific language of the statute is “irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage.” The statute does not provide a definition or explanation of what qualifies as an irreconcilable difference, and because the law is new, there is no case law further defining “irreconcilable differences.” This could include difference in raising children, financial matters, or general discord between the spouses. It is not necessary for both spouses to agree that their differences are irreconcilable.
Mutual Consent
To file for absolute divorce based on mutual consent, the parties must submit a written and settlement agreement that resolves all issues arising from the marriage, including the economic issues between them and all issues relating to the care, custody, access, and support of minor or dependent children.
The new law does not change the rules for child custody, child support, alimony, or division of assets. It is designed to allow individuals unhappy in their marriage to end that arrangement much more quickly.
Ferguson, Schetelich & Ballew maintains an active family law practice throughout Maryland. Jennifer K. Buell heads the family law group at the firm and is available by appointment to discuss these matters.