The Maryland General Assembly is weighing the prospect of making this state a “no-fault” jurisdiction in terms of divorce actions. For some couples contemplating the prospect of divorce, such a change may have little impact; for others, it may matter a great deal. The bill is a reminder that, like all areas of the law, divorce law is frequently evolving. To put yourself in the best position possible, retain an experienced Maryland divorce lawyer who is fully up-to-date on all the changes in the law.
The bill, House Bill 14, would allow spouses to seek a dissolution based solely on their “irreconcilable differences.” Additionally, Maryland judges could grant divorces based on six months’ separation or medical proof that the other spouse is permanently incapacitated and incapable of making decisions.
Currently, Maryland has two forms of divorce: limited divorce and absolute divorce. Limited divorce doesn’t end the marriage and doesn’t allow you to remarry someone else, but somewhat functions like a form of legal separation, allowing you to obtain certain relief like an award of support. The bases that Maryland law currently recognizes for the award of a limited divorce are (1) cruelty (toward you or a minor child), (2) excessively vicious conduct, (3) desertion, or (4) voluntary separation.