EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1319*
HOUSE BILL 1319
D4 2lr2564
By: Delegates Arikan, Hornberger, Krebs, Morgan, Shoemaker, Szeliga, and
Wivell
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Grounds for Divorce – Gender Transition 2
FOR the purpose of adding gender transition of a spouse to the grounds for absolute divorce; 3
and generally relating to the grounds for absolute divorce. 4
BY repealing and reenacting, with amendments, 5
Article – Family Law 6
Section 7–103(a) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Family Law 12
7–103. 13
(a) The court may decree an absolute divorce on the following grounds: 14
(1) adultery; 15
(2) desertion, if: 16
(i) the desertion has continued for 12 months without interruption 17
before the filing of the application for divorce; 18
(ii) the desertion is deliberate and final; and 19
(iii) there is no reasonable expectation of reconciliation; 20 2 HOUSE BILL 1319
(3) conviction of a felony or misdemeanor in any state or in any court of the 1
United States if before the filing of the application for divorce the defendant has: 2
(i) been sentenced to serve at least 3 years or an indeterminate 3
sentence in a penal institution; and 4
(ii) served 12 months of the sentence; 5
(4) 12–month separation, when the parties have lived separate and apart 6
without cohabitation for 12 months without interruption before the filing of the application 7
for divorce; 8
(5) insanity if: 9
(i) the insane spouse has been confined in a mental institution, 10
hospital, or other similar institution for at least 3 years before the filing of the application 11
for divorce; 12
(ii) the court determines from the testimony of at least 2 physicians 13
who are competent in psychiatry that the insanity is incurable and there is no hope of 14
recovery; and 15
(iii) 1 of the parties has been a resident of this State for at least 2 16
years before the filing of the application for divorce; 17
(6) cruelty of treatment toward the complaining party or a minor child of 18
the complaining party, if there is no reasonable expectation of reconciliation; 19
(7) excessively vicious conduct toward the complaining party or a minor 20
child of the complaining party, if there is no reasonable expectation of reconciliation; [or] 21
(8) mutual consent, if: 22
(i) the parties execute and submit to the court a written settlement 23
agreement signed by both parties that resolves all issues relating to: 24
1. alimony; 25
2. the distribution of property, including the relief provided 26
in §§ 8–205 and 8–208 of this article; and 27
3. the care, custody, access, and support of minor or 28
dependent children; 29
HOUSE BILL 1319 3
(ii) the parties attach to the settlement agreement a completed child 1
support guidelines worksheet if the settlement agreement provides for the payment of child 2
support; 3
(iii) neither party files a pleading to set aside the settlement 4
agreement prior to the divorce hearing required under the Maryland Rules; and 5
(iv) after reviewing the settlement agreement, the court is satisfied 6
that any terms of the agreement relating to minor or dependent children are in the best 7
interests of those children; OR 8
(9) GENDER TRANSITION OF A PARTY, IF THE COMPLAINING PART Y 9
PROVES THAT THE OTHER PARTY HAS TRANSITIONED OR IS IN THE PROCESS OF 10
TRANSITIONING TO A GENDER THAT IS DIFFERENT FROM THE OTHER PARTY ’S 11
GENDER AT THE TIME OF MARRI AGE BY PRESENTING SUFFIC IENT EVIDENCE THAT 12
THE OTHER PARTY : 13
(I) SELF–IDENTIFIES AS A DIFFERENT GENDE R THAN THE 14
GENDER AT THE TIME OF MARRI AGE; 15
(II) HAS UNDERGONE GENDER CONFIRMATION SURGERY ; OR 16
(III) HAS BEGUN A COURSE O F MEDICATION WITH TH E INTENT TO 17
TRANSITION TO A DIFF ERENT GENDER . 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20