Maryland Removes Fault-Based Grounds for Divorce; Expands No-Fault Grounds

Currently, Maryland law allows a spouse to pursue a divorce on the fault-based grounds of adultery, desertion, convictions of a crime, insanity, cruelty of treatment, and excessively vicious conduct. If a spouse cannot prove one of the fault-based grounds, then the parties either need to be separated for 12 months or have a written agreement that resolves all issues of custody, child and spousal support, and property before obtaining a divorce.

However, beginning October 1, 2023, a spouse will be able to pursue a divorce after a 6-month separation or by alleging that there are "irreconcilable differences". It’s also important to note that unlike the current law, which requires the parties to have actually lived separate and apart for 12 months, the new law will only require the parties to have “pursued separate lives”—even if they are still physically residing under the same roof.

What does this mean for divorcing spouses in Maryland? For starters, the fault-based grounds of adultery, desertion, convictions of a crime, insanity, cruelty of treatment, and excessively vicious conduct will no longer be available to divorcing spouses come October 1st. However, the Court will still consider each spouse’s actions and behaviors when determining custody of any minor children, an award of alimony from one spouse to another, and a division of the marital property of the parties.  If a spouse feels strongly that he or she wants to pursue a divorce for any of those fault-based reasons, he or she must file for divorce before October 1, 2023.

For couples who are able to reach a written agreement, there will be no change to the law allowing parties to pursue a divorce on the grounds of mutual consent, without a waiting period, if the written agreement resolves all issues of child custody, child and spousal support, and proerty distribution. 

Therefore, as of October 1, 2023, couples can pursue a divorce: (1) Immediately, if there are irreconcilable difference; (2) Immediately, if they have a written agreement resolving all marital issues. or (3) After six months during which they have pursued separate lives.

If you have questions about these or other family law issues, please contact Kerianne Kemmerzell or Ferrier Stillman.  The firm has offices in downtown Baltimore and in Towson.

This has been prepared by Tydings for informational purposes only and does not constitute legal advice.