If you and your spouse have been separated and/or considering divorce for some time, it’s important to know that there have been some changes in Maryland laws regarding divorce since you may have last looked at them.
Changes that took effect last October can help simplify the process for many couples. Let’s take a brief look at those.
The end of “limited divorce”
Maryland used to have what was termed “limited divorce” in addition to “absolute divorce.” Limited divorce was what many states (and people) call legal separation.
It involved a couple going to court and stipulating that they were living separately. The date of “legal separation” is often used for determining property division and when a couple can officially divorce.
Couples can live “separate lives” under the same roof
Under Maryland’s new law, “Parties who have pursued separate lives shall be deemed to have lived separate and apart.” This applies whether they continue to live in the same home or not. It also applies if the separation is due to a court order (for example, due to domestic violence allegations).
They must have “pursued separate lives” continuously for at least six months prior to filing for “absolute divorce” if they want to use separation as their grounds for divorce. The separation time required for this ground is half the time previously required.
The three grounds for divorce
The grounds for divorce have also been updated. Maryland law has three grounds for divorce – all of which could be considered “no-fault divorce” because they don’t require that one spouse accuse the other of wrongdoing like adultery, cruelty or abandonment.
In addition to the six-month separation ground, a spouse can choose “mutual consent” or “irreconcilable differences.” Under the law, irreconcilable differences must be “based on the reasons stated by the complainant for the permanent termination of the marriage.” Therefore, if you want to keep the reasons for your divorce completely out of court documents, that might not be the best choice.
Why codify your separation?
It’s typically wise to codify the date of your separation with the court so that there’s no confusion even if you aren’t using that ground or don’t need any temporary agreements – for example, for child custody and support or alimony. If you do put those temporary agreements in place, they can serve as a starting point for your divorce agreements.
It’s best to get experienced legal guidance as early as possible. This will help you better ensure that the process goes more smoothly and expediently. It will also help you protect your rights.
