Navigating Maryland’s New Divorce Laws: Insights from an Experienced Family Law Attorney

On October 1, 2023, new laws went into effect that fundamentally changed the requirements for filing for divorce in the State of Maryland.? These modifications have led to Maryland's laws aligning more closely with most other States in the Country, and in many cases, have made obtaining a divorce significantly easier. As a family law attorney with over two decades of experience, I am encouraged by these new laws and the benefits I’m seeing for my clients.?

Now I would like to share my perspective of these changes as a Maryland family law attorney.

First, let’s summarize the key changes to Maryland’s divorce laws to get you up to speed:

The Three (3) Grounds for Absolute Divorce:?

1. Six (6) months Separation
2. Irreconcilable Differences
3. Mutual Consent (already an existing ground for divorce)

Eliminated the “fault grounds,” which had to be proven: adultery, desertion, cruelty of treatment, insanity, and incarceration. Those are no longer grounds for divorce in Maryland.?

Key Changes in Maryland Divorce Law

Reducing the Separation Period from 12 Months to 6 Months

Prior to filing for divorce, couples no longer have to live apart without cohabitation for 12 months, but the new laws now only require 6 months and individuals who have “pursued separate lives” will be considered to have lived apart, even if they continue to reside in the same house or if their separation is court-ordered. This change permits clients who are unable to move and still live under the same roof, for whatever reason, to proceed with their divorce. It should be noted that we are uncertain about how the Courts will interpret what it means to “pursue separate lives.” Divorce attorneys will be closely monitoring the cases as they progress through the legal system to see how the new standard will be applied.

Addition of “Irreconcilable Differences” to the Grounds for Divorce

The introduction of the ground of? “irreconcilable differences,” has provided couples with a path forward, without having to prove any wrongdoing by their spouse.? Unlike Maryland’s previous fault-based grounds such as adultery, this new provision acknowledges that sometimes marriages simply reach a point of irretrievable breakdown, with neither party at fault. To file on irreconcilable differences, you must simply state the reasons for the “permanent termination” of the marriage, and it does not require any time period before filing.?

Elimination of “Limited Divorce”

The new grounds for divorce eliminated the need for Limited Divorce in favor of only “Absolute Divorce.” A limited divorce did not terminate the marriage but instead permitted filing without a time period for the Court to handle certain matters such as child custody, support, and property distribution. Finally, Maryland joined the ranks with many other States in the Nation. Gone are the days when couples had to wait to file for divorce or only get a Limited Divorce. This shift has streamlined the divorce process, making it more accessible to those seeking to end their marriages without delay.?

While these reforms offer greater flexibility and efficiency, couples must still handle divorce proceedings with care and should still seek legal guidance, ensuring that their rights and interests are protected throughout the divorce process.

4 Key Insights as a Seasoned Family Law Attorney

1. Fault versus No-Fault Divorce

Removing fault as a basis for divorce does not eliminate the impact a spouse's conduct may have on the divorce process. The Court must still take into account the factors that led to the breakdown of the marriage when making decisions about spousal support and the fair division of marital assets.

I’ve stated a few times how it now feels as though Maryland has caught up to the rest of the Country with the addition of no-fault grounds for divorce. Maryland had historically been a very challenging State to get divorced in. Linking back to the State’s original Catholic roots, Maryland’s divorce laws made filing for divorce a drawn-out process if you could not prove a fault ground or were separated for less than one (1) year.? It was probably to encourage reconciliation between parties — further reinforcing the State’s historical position on the sanctity of marriage.?

With these new laws, I have been very pleased to see Maryland take a progressive step forward, allowing couples to get a divorce without unduly requirements.?

2. There are Still Many Marylanders Unaware of the New Laws

One theme I have noticed with many new clients is that there are still plenty of individuals who are unaware that Maryland has new divorce laws.?

When someone is seeking a divorce, an attorney may not be their first call. They usually speak with trusted friends or family members for support and guidance, and often, to get advice about how the process worked for others in the past so they know what to expect. However, what may have been the case for friends and family members in their own divorces, even within the last year, may no longer be applicable, which can lead to clients being under the wrong impression about what their divorce process will look like. Many are pleasantly surprised when they are eligible to file for divorce that day, instead of waiting for an extended period of time, thanks to the new laws.

These new laws have been instrumental in streamlining the divorce process for my clients and they are grateful that they’re now able to move through the divorce process, and subsequently on with their lives, in a much faster manner.

3. The Cited Reasons for Irreconcilable Differences are Unprecedented

One notable aspect of the addition of “irreconcilable differences” is the absence of legal precedent in Maryland. In essence, each case stands on its own merits, without relying on past Court judgments to guide the outcome. While this may provide greater flexibility, it can also present certain gray areas from a legal perspective. For example, a client may feel as though her husband never putting his dishes in the dishwasher is an irreconcilable difference. He thinks she should do it, and she thinks he should do it. As the law stands, she could, in her own right, bring forth a divorce on the grounds of irreconcilable differences and provide that as her reason. However, before October 1, 2023, this would not have been possible and we are seeing instances where divorces are being brought alleging issues that have never previously been litigated.?

Regardless of the unprecedented issues, the shift towards recognizing irreconcilable differences reflects a broader societal acknowledgment of the diverse challenges couples face in modern marriages. Issues ranging from parenting disagreements to financial strife can strain even the strongest relationships, often culminating in a mutual recognition that the marriage is no longer sustainable.?

However, some critics have dubbed this new ground as the "drive-through divorce," highlighting the ease with which couples can initiate the process without a triggering event or prolonged legal battle. The ability to simply file for divorce without proving fault or enduring a lengthy separation period has undoubtedly expedited the process, allowing couples to move forward with their lives more quickly. Even with the new ease of filing, it's essential to recognize that it doesn't diminish the emotional and financial complexities inherent in divorce when navigating issues such as child custody, child support, alimony, and asset division.

4. The Value of Attorney Representation has Remained Unchanged

One potential misconception about these new laws is that the role of the divorce attorney has diminished, and that couldn’t be further from the truth. While yes, the grounds for filing a divorce in Maryland are now more streamlined, at the end of the day, it is still a divorce and a highly emotional undertaking. There are still alimony, child custody, and property divisions to consider, and while in terms of day-to-day practice, these reforms have reshaped the way I advise clients navigating the grounds on which they file for divorce, they still need me to be their advocate.?

Closing Thoughts

As we reflect on the significant changes brought about by Maryland's new divorce laws, it's evident that these reforms have ushered in a new era of divorce grounds in our State. The recognition of irreconcilable differences (no-fault divorce) plays a pivotal role in simplifying and modernizing the divorce process. From reducing the separation period to eliminating the need to prove fault, these changes have made divorce more accessible and potentially less adversarial for couples across Maryland.?

However, despite the newfound efficiency, it's crucial to recognize that the core elements of legal representation remain unchanged. As experienced family law attorneys, our role is as critical as ever in guiding clients through the complexities of divorce, ensuring their rights are protected, and advocating for fair and equitable outcomes.?

At the Law Offices of Kerri Cohen, we guide our clients through the divorce process. Our Team is dedicated to providing high-quality, professional legal services to ensure our clients the best possible outcome.?

If you seek a divorce attorney or have questions about these new laws, please contact our office at (410) 657-2515 or [email protected]. We are here to help!

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