The Changes to Maryland Divorce Grounds in October 2023

Published on
November 22, 2023
Written by
Angel Murphy, Esq.
Category
Divorce

Introduction: Changes Effective October 1, 2023

Prior to October 2023, Maryland had two separate “tracks” or types of divorce: absolute divorce and limited divorce. Since October, Maryland has implemented several highly important changes in its divorce law. We will delve into the two significant changes in detail: the removal of limited divorce and the consolidation of the grounds for obtaining absolute divorce. To some extent, these changes have served to align Maryland's divorce law more closely with the divorce laws of other states. Let’s go over these changes in detail.

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Change #1: Elimination of Limited Divorce

One of the principal changes is simply the elimination of “limited divorce” altogether. Prior to October, Marylanders could obtain one of two types of divorce: limited divorce and absolute divorce. Limited divorce was a type of separation that did not completely sever all legal ties between the parties and did not entirely terminate or dissolve the marriage. Instead, a limited divorce offers temporary relief to both parties and can be easily revoked if they mutually decide to give their marriage another chance. In a limited divorce, the parties will come to an agreement concerning different aspects of the marriage, such as custody, support, and property division. However, it is important to note that these changes may not be permanent. On the other hand, absolute divorce completely cuts all official connections between the individuals involved and brings about a permanent cessation of the marriage. The agreements reached concerning alimony, custody, support, property division, and other aspects of the marriage are also permanent, unless they are later modified by an additional order.

Again, since October, Maryland has only allowed for absolute divorce. This, of itself, is a very substantial change to Maryland divorce law.

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Change #2: Consolidation of Grounds for Absolute Divorce

The other primary change is the consolidation of the grounds for an absolute divorce in Maryland. Before October 2023, Maryland offered both limited divorce and absolute divorce as legal options. In the case of absolute divorce, there were seven specific grounds that could be cited. Maryland has streamlined its grounds for absolute divorce to just three: a 6-month separation (living apart), irreconcilable differences, and mutual consent. Before October 2023, married couples were required to live separately for at least one year in order to qualify for an absolute divorce based on grounds of separation. Hence, the new law reduces the time by half, which makes things considerably easier for those seeking a divorce.

So far, Maryland has only handled a few irreconcilable differences cases, and so interpreting this new ground may be challenging. But, essentially, this term simply refers to unresolved issues between the parties. One example of an irreconcilable difference can be a disagreement in religious beliefs, as conflicting religious convictions can easily lead to an unresolvable situation.

Finally, mutual consent is straightforward: if the parties voluntarily consent to an absolute divorce, and they come forth with a settlement agreement which contains the relevant issues (property, alimony, etc.), they can obtain a divorce. Overall, the Maryland government expects that the combined effect of these changes will be to make obtaining a divorce an altogether easier experience for Maryland residents.

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Contact the Murphy Law Firm for More Information

If you would like to learn more, or if you have a new query, don’t hesitate to reach out to one of the leading family law attorneys at the Murphy Law Firm today by calling 240-219-8825.

Angel Murphy

Personable. Passionate. Persistent.

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