Maryland divorce laws you should know

As a Howard County, MD divorce lawyer for over 30 years, I know how overwhelming the divorce process can be for families. I often get asked the same questions in my Columbia, MD, family law practice. If you are facing separation and divorce in Maryland, below is an overview of what you need to know so that you make the best possible decisions for your family.

There is only one type of divorce in Maryland

Effective October 1, 2023, several changes to Maryland’s divorce law could affect your divorce petition. These changes streamline the divorce process by eliminating some barriers to securing a divorce and revising the criteria for an absolute divorce.

The primary goal for changing divorce laws in Maryland is to focus the dissolution process on problem-solving. They aim to resolve alimony, custody, and property division rather than building cases assigning fault.

One of the biggest changes to Maryland divorce laws is eliminating “limited divorce.” Now, an absolute divorce is the only option. Before the amendments, spouses could file for a limited divorce and address issues like child custody and support, alimony, and asset/ debt division while still legally married. This may challenge people who depend on the limited divorce process during separation.

Grounds for divorce under Maryland’s new law

Although the changes to divorce laws in Maryland have eliminated the necessity for a fault-based divorce, divorcing couples must still cite at least one ground for divorce before the Courts grant the divorce petition.

There are three grounds for divorce under Maryland law.

Six-month separation

Both spouses have lived separately and apart for at least six months without interruption. This is reduced from the 12-month separation previously required. In addition, the requirement for each spouse to live in a separate dwelling is removed.

It may still apply if a couple demonstrates that they have lived separate lives while still under the same roof. For example, it may take quite some time to sell a house, but neither spouse can move out on their own until the house sells.

Separation may also be based on a Court order, such as an order of protection. In these cases, the six-month waiting period typically starts with the date of the order.

Irreconcilable differences

You, your spouse, or you both believe that your marriage should end because of differences that you cannot resolve. You don’t necessarily have to state the exact nature of these differences; just cite that they exist.

Mutual consent

A mutual consent divorce works similarly to an uncontested divorce. Both spouses agree to the divorce and sign and submit a Marital Settlement Agreement Form (form CC-DR-116) along with the divorce contract to the Court. This method resolves all issues of contention in divorces, such as spousal support, dividing marital property and debts, and the custody, care, and financial support of minor children or dependent children.

Maryland alimony laws

Alimony can only be ordered in Maryland before the divorce decree is finalized. Once the divorce is final, you cannot petition for alimony. If you require periodic support payments from your spouse, it is important to establish these before finalizing the divorce.

Maryland divorce laws establish three types of alimony:

Pendente lite alimony

This is temporary support paid to one spouse while the divorce is pending and ends with the final divorce decree.

Rehabilitative alimony

This type of alimony aims to provide one spouse with temporary support until they can support themselves. It is common when one spouse may have been out of the workforce, staying at home with children, or finishing a degree or vocational training.

Indefinite alimony

This type of spousal support is paid in perpetuity and is typically only awarded if one spouse cannot reasonably progress to self-supporting. It may apply when one spouse is ill, infirm, or due to age. It may also be awarded if the petitioning spouse’s standard of living would substantially change.

All of this sounds overwhelming – what should I do?

Are you worried about how the changes to Maryland divorce laws will impact your petition? It is best to speak with your attorney immediately if these changes affect your divorce petition. They can offer insight into your options and advise you accordingly.

Coover Law Firm is here to help

If you’re facing a divorce, you’re undoubtedly feeling confused and overwhelmed. Coover Law Firm, LLC has served Howard County families for over 30 years and is here to help. Contact experienced Howard County divorce attorney Fred L. Coover, Esquire today at (410) 553-5042 to schedule a no-obligation initial consultation in our Columbia, MD office.

Disclaimer: The information in this blog post is provided for general educational & informational purposes only. It is not intended to convey legal advice or serve as a substitute for legal counsel on any subject matter.