Maryland 2022 Regular Session

Maryland House Bill HB1319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1319
6	6
7	7	HOUSE BILL 1319
8	8	D4 2lr2564
9	9
10	10	By: Delegates Arikan, Hornberger, Krebs, Morgan, Shoemaker, Szeliga, and
11	11	Wivell
12	12	Introduced and read first time: February 11, 2022
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Family Law – Grounds for Divorce – Gender Transition 2
20	20
21	21	FOR the purpose of adding gender transition of a spouse to the grounds for absolute divorce; 3
22	22	and generally relating to the grounds for absolute divorce. 4
23	23
24	24	BY repealing and reenacting, with amendments, 5
25	25	Article – Family Law 6
26	26	Section 7–103(a) 7
27	27	Annotated Code of Maryland 8
28	28	(2019 Replacement Volume and 2021 Supplement) 9
29	29
30	30	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
31	31	That the Laws of Maryland read as follows: 11
32	32
33	33	Article – Family Law 12
34	34
35	35	7–103. 13
36	36
37	37	(a) The court may decree an absolute divorce on the following grounds: 14
38	38
39	39	(1) adultery; 15
40	40
41	41	(2) desertion, if: 16
42	42
43	43	(i) the desertion has continued for 12 months without interruption 17
44	44	before the filing of the application for divorce; 18
45	45
46	46	(ii) the desertion is deliberate and final; and 19
47	47
48	48	(iii) there is no reasonable expectation of reconciliation; 20 2 HOUSE BILL 1319
49	49
50	50
51	51
52	52	(3) conviction of a felony or misdemeanor in any state or in any court of the 1
53	53	United States if before the filing of the application for divorce the defendant has: 2
54	54
55	55	(i) been sentenced to serve at least 3 years or an indeterminate 3
56	56	sentence in a penal institution; and 4
57	57
58	58	(ii) served 12 months of the sentence; 5
59	59
60	60	(4) 12–month separation, when the parties have lived separate and apart 6
61	61	without cohabitation for 12 months without interruption before the filing of the application 7
62	62	for divorce; 8
63	63
64	64	(5) insanity if: 9
65	65
66	66	(i) the insane spouse has been confined in a mental institution, 10
67	67	hospital, or other similar institution for at least 3 years before the filing of the application 11
68	68	for divorce; 12
69	69
70	70	(ii) the court determines from the testimony of at least 2 physicians 13
71	71	who are competent in psychiatry that the insanity is incurable and there is no hope of 14
72	72	recovery; and 15
73	73
74	74	(iii) 1 of the parties has been a resident of this State for at least 2 16
75	75	years before the filing of the application for divorce; 17
76	76
77	77	(6) cruelty of treatment toward the complaining party or a minor child of 18
78	78	the complaining party, if there is no reasonable expectation of reconciliation; 19
79	79
80	80	(7) excessively vicious conduct toward the complaining party or a minor 20
81	81	child of the complaining party, if there is no reasonable expectation of reconciliation; [or] 21
82	82
83	83	(8) mutual consent, if: 22
84	84
85	85	(i) the parties execute and submit to the court a written settlement 23
86	86	agreement signed by both parties that resolves all issues relating to: 24
87	87
88	88	1. alimony; 25
89	89
90	90	2. the distribution of property, including the relief provided 26
91	91	in §§ 8–205 and 8–208 of this article; and 27
92	92
93	93	3. the care, custody, access, and support of minor or 28
94	94	dependent children; 29
95	95	HOUSE BILL 1319 3
96	96
97	97
98	98	(ii) the parties attach to the settlement agreement a completed child 1
99	99	support guidelines worksheet if the settlement agreement provides for the payment of child 2
100	100	support; 3
101	101
102	102	(iii) neither party files a pleading to set aside the settlement 4
103	103	agreement prior to the divorce hearing required under the Maryland Rules; and 5
104	104
105	105	(iv) after reviewing the settlement agreement, the court is satisfied 6
106	106	that any terms of the agreement relating to minor or dependent children are in the best 7
107	107	interests of those children; OR 8
108	108
109	109	(9) GENDER TRANSITION OF A PARTY, IF THE COMPLAINING PART Y 9
110	110	PROVES THAT THE OTHER PARTY HAS TRANSITIONED OR IS IN THE PROCESS OF 10
111	111	TRANSITIONING TO A GENDER THAT IS DIFFERENT FROM THE OTHER PARTY ’S 11
112	112	GENDER AT THE TIME OF MARRI AGE BY PRESENTING SUFFIC IENT EVIDENCE THAT 12
113	113	THE OTHER PARTY : 13
114	114
115	115	(I) SELF–IDENTIFIES AS A DIFFERENT GENDE R THAN THE 14
116	116	GENDER AT THE TIME OF MARRI AGE; 15
117	117
118	118	(II) HAS UNDERGONE GENDER CONFIRMATION SURGERY ; OR 16
119	119
120	120	(III) HAS BEGUN A COURSE O F MEDICATION WITH TH E INTENT TO 17
121	121	TRANSITION TO A DIFF ERENT GENDER . 18
122	122
123	123	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
124	124	October 1, 2022. 20