An Update on D.C.'s Removal of a Major Divorce Requirement

D.C. Removes Its “Minimum Separation” Requirement

Jurisdictions change their rules and regulations in the areas of divorce and family law all the time. Rules pertaining to divorce are never “static,” but may change at any time as a given set of lawmakers sees fit. Washington, D.C. has just recently made an important change to one of its more familiar divorce rules. As of January 2024, spouses seeking divorce no longer need to cite evidence of separation; spouses can seek divorce at any time. This is a very significant development in D.C.’s law on divorce. Prior to this change, spouses needed to show that they had been separated for at least 12 months before obtaining a divorce; this requirement was only six months if the couple mutually agreed on the dissolution. Proponents of this change have cited its benefits for those attempting to remove themselves from a marriage involving domestic violence.

Prior to this very recent change, D.C. was among the last remaining jurisdictions in the country to impose a “minimum separation” requirement on divorcing spouses. Now, as of September 2024, only eight states in the country still have this type of requirement on their books. These states have differing rules pertaining to the length of the separation; in Kentucky, for example, the requirement is only 60 days, whereas in Arkansas it is 18months.

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Maryland is Currently a “No Fault” Divorce State

Last year, Maryland made an extremely important change in its own divorce law by eliminating fault as a requirement. Prior to that change, spouses needed to cite at least one fault to be eligible for divorce; now, Maryland has joined the ranks of states which allow for the citing of irreconcilable differences. However, Maryland still has separation on its books as one of the avenues for spouses to seek divorce. Spouses can still cite this as a reason for the divorce, and the minimum separation has been shortened to 6months instead of 12 months.

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The Construction of “Separateness” for Divorce Purposes in Maryland

If you plan to cite separation as the reason for your divorce in Maryland, you should be familiar with how this concept is currently construed in this jurisdiction. “Separateness” is construed differently indifferent jurisdictions. Many spouses wonder: to be separate, do I need to dwell in a separate residence? The answer is “no,” Maryland law does not require separated spouses to occupy separate and distinct dwellings; the spouses must live “separate and apart,” but living in a distinct dwelling unit isn’t part of this requirement. Spouses can establish separation in other ways, such as ceasing marital relations, representing themselves as separated to other people and the general public, having separate bedrooms, and so forth. Part of the reason why Maryland law doesn’t require separate dwellings is because spouses often need to conserve resources prior to divorce. Imposing a separate dwelling requirement would stretch the financial resources of spouses in an unnecessary and unhealthy way.

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Contact the Murphy Law Firm for More Information

If you would like more information on Maryland’s divorce requirements, the divorce process in general, or another aspect of Maryland family law, contact one of the top family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

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