Introduction
Several changes are coming to Maryland regarding divorce proceedings and the most significant is to its divorce grounds beginning on October 1, 2023. These changes aim to modernize and simplify the divorce process, ensuring that individuals seeking to dissolve their marriages can do so with greater ease and efficiency. In this blog post, we will delve into the upcoming changes to divorce grounds in Maryland and their potential impact on couples considering divorce.
Transition to No-Fault Divorce
One of the most notable changes taking effect on October 1, 2023, is the transition to a “no-fault” divorce system. This means that couples seeking a divorce will no longer need to prove fault-based grounds such as adultery, cruelty, desertion, or excessively vicious conduct. Instead, the focus will be on the dissolution of the marriage itself, streamlining the process and potentially reducing acrimony between spouses.
Mutual Consent Remains
Under the new law, the “Mutual Consent” ground for divorce will remain unchanged.Parties may continue to seek divorce based on mutual consent, provided they meet the existing conditions of having a written settlement agreement.
Voluntary Separation Waiting Period includes Those Living Under the Same Roof
Previously, the parties had to prove that they lived “separate and apart” for six months prior to filing for divorce. Starting October 1, 2023, Maryland’s divorce law will redefine the concept of “separate and apart.” Under the new rule, couples seeking a no-fault divorce based on voluntary separation will have the option to live under the same roof, provided certain conditions are met.
The key conditions include:
Separate Bedrooms: While residing in the same home, the spouses must maintain separate and distinct sleeping arrangements, i.e., they should have separate bedrooms and not share a bed.
No Co-Habitation: The couple must not engage in any type of sexual activity or intimate relations during the time they are living together.
Intent to End Marriage: Both parties must have an unequivocal intent to end their marital relationship. This intent should be communicated and evident through their actions and behavior.
Separation of Finances: The spouses must demonstrate that they have financially separated their affairs to a reasonable extent. This includes having separate bank accounts, not pooling financial resources for shared expenses, and maintaining individual financial independence.
Separate and Distinct Lives: The couple must exhibit a clear distinction in their daily lives, such as pursuing separate social activities, attending events separately, and not presenting themselves as a couple to others.
Potential Benefits and Considerations
The upcoming changes to divorce grounds in Maryland offer several potential benefits:
Simplified Process: The removal of fault-based grounds can make the divorce process less adversarial and contentious, leading to a smoother and more efficient experience.
Reduced Emotional Strain: Focusing on the dissolution of the marriage rather than assigning blame may help reduce emotional stress for both parties involved.
Focus on Resolution: Couples can shift their attention to resolving practical matters, such as property division and child custody, without getting entangled in fault-based arguments.
Flexibility: Couples facing financial constraints or other practical reasons for living together can now pursue divorce without the necessity of physically living apart for six months.
Reduced Financial Strain: This change acknowledges the financial reality that maintaining two separate households can be economically burdensome, especially in situations where financial resources are limited.
Conclusion
The upcoming changes to divorce grounds in Maryland, effective October 1, 2023, reflect a progressive approach to modernizing divorce proceedings and promoting cooperative resolutions. Persons considering divorce in Maryland should seek professional legal advice to navigate the evolving legal landscape effectively. Make an appointment today to discuss how we can assist you with your divorce. Click here to schedule an appointment.
