No Fault Divorce in Maryland: New Rules & Reduction of Separation Period

A new law was recently passed in the Maryland General Assembly making a change in the grounds for divorce.

Currently, Maryland has two “no-fault” grounds for an absolute divorce:  a mutual and voluntary separation of one year, or a separation of two years.  As of October 1, 2011, the new law eliminates voluntary separation as a ground for absolute divorce but in return reduces the period the parties must be continuously separated from two years to one year.   This means you no longer have to prove that you and your spouse have agreed to the separation and that it was mutual and voluntary.

This is a major change in the law.   It shortens the time a spouse, who does not have an agreement to separate or a fault ground for divorce, has to wait for a divorce to one year down from two years.

Maryland’s single no fault ground requires that there be no sexual relations during the one year separation and that they live in separate residences for the entire year.  This is unlike Virginia and DC, which allow the parties to separate but to live under the same roof while separated.  Meanwhile, couples can still obtain a divorce on the fault grounds of cruelty, excessively vicious conduct, adultery and desertion even if the parties are living together under the same roof.

This change will take place on October 1, 2011, once the Governor signs Senate Bill 139 into law, amending Section 7-103 of the Family Law Article of the Maryland Code.

The prior advice given to clients who were contemplating a divorce, and did not have a fault ground or an agreement to separate, was that they could be held up for a divorce by their spouse for two years following a separation.   With the new ground, this lack of a fault ground or lack of an agreement to separate is no longer an impediment because the courts will usually not schedule a contested divorce case until after the parties have been separated for a year, and even a client who is “at fault” can now easily proceed with a divorce.

To complicate matters slightly the legislature did not change the grounds for a limited divorce (what many think of as a legal separation).  These remain:

1. Cruelty of Treatment
2. Excessively Vicious Conduct
3. Desertion
4. Voluntary Separation.

While Limited Divorces are rarely granted in modern divorce practice, a Limited Divorce is often requested in initial pleadings to get the proceedings started, with the intent of amending the pleadings shortly before trial to request an Absolute Divorce.   In these cases a fault ground or voluntary separation must still be alleged in the initial filings even if the intent is to later amend to a one year non fault ground.

Hello world!

Welcome to the blog for Brodsky Renehan Pearlstein Lastra & Bouquet, Chartered.  We are a law firm located in suburban Maryland that focuses exclusively on family law. Our clients are almost always at some sort of crossroads in their life and are often confused, afraid, or nervous about their next steps. Most of all, they know little about family law, divorce, or the legal process in which they are now engaged. Aside from providing excellent legal representation, we must also provide clients & prospects with insight on the legal system and on their case. When we take the time to educate clients they are more at ease with what is happening. They want to know and should know about the law and legal process in which they are involved. Informed clients help make us better attorneys.

Brodsky, Renehan, Pearlstein, Lastra, & Bouquet is also a source of expertise for the industry. With over 60 years practicing family law, we are consistently named one of the best family law firms in Maryland and Washington, DC.  It’s one of the reasons that the Montgomery County Bar Association asks us to deliver the family law update every year  which educates other attorneys on important development in family law over the past 12 months.

These are just a couple of the reasons why we started our blog. We hope to create a helpful and informative source on divorce & family law in Maryland and Washington, DC. Some of the topics we will review include:

• Divorce law in Maryland and Washington, DC
• Separation and actions to take (or not take!) when proceeding in a domestic relations issue
• Child custody, child support, alimony, & domestic violence legal issues in Maryland and DC
• Gay marriage, domestic partnership agreements, and its impact on same-sex couples
• Social media & technology’s impact on family law as well as advice on using these mediums when involved in a family law proceeding

Of course, these are just a few of the topics we will cover. We hope you find the information within to be helpful and informative. You can also find useful guides and information on our web site at http://www.divorce-md.com.