Maryland 2022 Regular Session

Maryland House Bill HB639 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0639
9	6
10	7		HOUSE BILL 639
11	8		D4 2lr1934
12	9
13	10		By: Delegate Atterbeary
14	11		Introduced and read first time: January 31, 2022
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 6, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Family Law – Grounds for Divorce 2
25	19
26	20		FOR the purpose of repealing the authority of the court to decree a limited divorce; altering 3
27	21		certain grounds for an absolute divorce; and generally relating to divorce. 4
28	22
29	23		BY repealing 5
30	24		Article – Family Law 6
31	25		Section 7–102 7
32	26		Annotated Code of Maryland 8
33	27		(2019 Replacement Volume and 2021 Supplement) 9
34	28
35	29		BY repealing and reenacting, with amendments, 10
36	30		Article – Family Law 11
37	31		Section 7–103 12
38	32		Annotated Code of Maryland 13
39	33		(2019 Replacement Volume and 2021 Supplement) 14
40	34
41	35		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
42	36		That the Laws of Maryland read as follows: 16
43	37
44	38		Article – Family Law 17
45	39
46	40		[7–102. 18
47	41
48		-	(a) The court may decree a limited divorce on the following grounds: 19 2 HOUSE BILL 639
	42	+	(a) The court may decree a limited divorce on the following grounds: 19
	43	+
	44	+	(1) cruelty of treatment of the complaining party or of a minor child of the 20
	45	+	complaining party; 21
	46	+	2 HOUSE BILL 639
49	47
50	48
	49	+	(2) excessively vicious conduct to the complaining party or to a minor child 1
	50	+	of the complaining party; 2
51	51
52		-	(1) cruelty of treatment of the complaining party or of a minor child of the 1
53		-	complaining party; 2
	52	+	(3) desertion; or 3
54	53
55		-	(2) ~~excessively vicious conduct to~~ the ~~complaining party or to a minor child 3~~
56		-	~~of the complaining party; 4~~
	54	+	(4) separation, if the parties are living separate and apart without 4
	55	+	cohabitation. 5
57	56
58		-	(3) desertion; or 5
	57	+	(b) The court may decree a divorce under this section for a limited time or for an 6
	58	+	indefinite time. 7
59	59
60		-	(4) ~~separation, if~~ the ~~parties are living separate and apart without 6~~
61		-	~~cohabitation~~. 7
	60	+	(c) The court that granted a decree of limited divorce may revoke the decree at 8
	61	+	any time on the joint application of the parties. 9
62	62
63		-	(b) The court may decree a divorce under this section for a limited time or for an 8
64		-	indefinite time. 9
	63	+	(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 10
	64	+	parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 11
	65	+	divorce.] 12
65	66
66		-	(c) The court that granted a decree of limited divorce may revoke the decree at 10
67		-	any time on the joint application of the parties. 11
	67	+	7–103. 13
68	68
69		-	(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 12
70		-	parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 13
71		-	divorce.] 14
	69	+	(a) The court may decree an absolute divorce on the following grounds: 14
72	70
73		-	~~7–103.~~ 15
	71	+	[(1) adultery; 15
74	72
75		-	(a) ~~The court may decree an absolute divorce on the following grounds~~: 16
	73	+	(2) desertion, if: 16
76	74
77		-	[(1) adultery; 17
	75	+	(i) the desertion has continued for 12 months without interruption 17
	76	+	before the filing of the application for divorce; 18
78	77
79		-	(2) desertion~~, if:~~ 18
	78	+	(ii) the desertion is deliberate and final; and 19
80	79
81		-	(i) the desertion has continued for 12 months without interruption 19
82		-	before the filing of the application for divorce; 20
	80	+	(iii) there is no reasonable expectation of reconciliation; 20
83	81
84		-	(ii) the desertion is deliberate and final; and 21
	82	+	(3) conviction of a felony or misdemeanor in any state or in any court of the 21
	83	+	United States if before the filing of the application for divorce the defendant has: 22
85	84
86		-	(iii) there is no reasonable expectation of reconciliation; 22
	85	+	(i) been sentenced to serve at least 3 years or an indeterminate 23
	86	+	sentence in a penal institution; and 24
87	87
88		-	(3) conviction of a felony or misdemeanor in any state or in any court of the 23
89		-	United States if before the filing of the application for divorce the defendant has: 24
	88	+	(ii) served 12 months of the sentence; 25
90	89
91		-	(i) been sentenced to serve at least 3 years or an indeterminate 25
92		-	sentence in a penal institution; and 26
	90	+	(4) 12–month separation, when parties have lived separate and apart 26
	91	+	without cohabitation for 12 months without interruption before the filing of the application 27
	92	+	for divorce; 28
93	93
94		-	(ii) ~~served 12 months of the sentence; 27~~
	94	+	(5) insanity if: 29
95	95		HOUSE BILL 639 3
96	96
97	97
98		-	(4) ~~12–month separation~~, ~~when parties have lived separate and apart~~ 1
99		-	~~without cohabitation~~ for ~~12 months without interruption~~ before the filing of the application 2
	98	+	(i) the insane spouse has been confined in a mental institution, 1
	99	+	hospital, or other similar institution for at least 3 years before the filing of the application 2
100	100		for divorce; 3
101	101
102		-	(5) insanity if: 4
	102	+	(ii) the court determines from the testimony of at least 2 physicians 4
	103	+	who are competent in psychiatry that the insanity is incurable and there is no hope of 5
	104	+	recovery; and 6
103	105
104		-	(i) the insane spouse has been confined in a mental institution, 5
105		-	hospital, or other similar institution for at least 3 years before the filing of the application 6
106		-	for divorce; 7
	106	+	(iii) 1 of the parties has been a resident of this State for at least 2 7
	107	+	years before the filing of the application for divorce; 8
107	108
108		-	(ii) the court determines from the testimony of at least 2 physicians 8
109		-	who are competent in psychiatry that the insanity is incurable and there is no hope of 9
110		-	recovery; and 10
	109	+	(6) cruelty of treatment toward the complaining party or a minor child of 9
	110	+	the complaining party, if there is no reasonable expectation of reconciliation; 10
111	111
112		-	(~~iii~~) ~~1 of~~ the ~~parties has been~~ a ~~resident of this State for at least 2~~ 11
113		-	~~years before the filing~~ of the ~~application for divorce~~; 12
	112	+	(7) excessively vicious conduct toward the complaining party or a minor 11
	113	+	child of the complaining party, if there is no reasonable expectation of reconciliation; or] 12
114	114
115		-	(6) cruelty of treatment toward the complaining party or a minor child of 13
116		-	the complaining party, if there is no reasonable expectation of reconciliation; 14
	115	+	(1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIV ED SEPARATE 13
	116	+	AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 14
	117	+	APPLICATION FOR DIVO RCE; 15
117	118
118		-	(7) ~~excessively vicious conduct toward~~ the ~~complaining party or a minor 15~~
119		-	~~child~~ of the ~~complaining party, if there is no reasonable expectation of reconciliation~~; ~~or] 16~~
	119	+	(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 16
	120	+	BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE; 17
120	121
121		-	(1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIV ED SEPARATE 17
122		-	AND APART FOR 6 MONTHS WITHOUT I NTERRUPTION BEFORE T HE FILING OF THE 18
123		-	APPLICATION FOR DIVO RCE; 19
	122	+	(3) PERMANENT LEGAL INCAPACITY OF A PARTY BASED ON PROOF, 18
	123	+	INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 19
	124	+	THAT THE PARTY PERMANENTLY LACK S THE LEGAL CAPACITY T O MAKE DECISIONS ; 20
	125	+	OR 21
124	126
125		-	(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 20
126		-	BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE; 21
	127	+	[(8)] (4) mutual consent, if: 22
127	128
128		-	(3) PERMANENT LEGAL INCAPACITY OF A PARTY BASED ON PROOF, 22
129		-	INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 23
130		-	THAT THE PARTY PERMANENTLY LACK S THE LEGAL CAPACITY T O MAKE DECISIONS ; 24
131		-	OR 25
	129	+	(i) the parties execute and submit to the court a written settlement 23
	130	+	agreement signed by both parties that resolves all issues relating to: 24
132	131
133		-	~~[(8)] (4) mutual consent, if: 26~~
	132	+	1. alimony; 25
134	133
135		-	~~(i)~~ the ~~parties execute and submit to~~ the ~~court a written settlement 27~~
136		-	~~agreement signed by both parties that resolves all issues relating to: 28~~
	134	+	2. the distribution of property, including the relief provided 26
	135	+	in §§ 8–205 and 8–208 of this article; and 27
137	136
138		-	1. alimony; 29
	137	+	3. the care, custody, access, and support of minor or 28
	138	+	dependent children; 29
139	139
140		-	2. the distribution of property, including the relief provided 30
141		-	in §§ 8–205 and 8–208 of this article; and 31
	140	+	(ii) the parties attach to the settlement agreement a completed child 30
	141	+	support guidelines worksheet if the settlement agreement provides for the payment of child 31
	142	+	support; 32
142	143		4 HOUSE BILL 639
143	144
144	145
145		-	3. the ~~care, custody, access, and support of minor or~~ 1
146		-	~~dependent children~~; 2
	146	+	(iii) neither party files a pleading to set aside the settlement 1
	147	+	agreement prior to the divorce hearing required under the Maryland Rules; and 2
147	148
148		-	(ii) ~~the parties attach to~~ the settlement agreement ~~a completed child~~ 3
149		-	~~support guidelines worksheet if~~ the ~~settlement~~ agreement ~~provides for~~ the ~~payment of child~~ 4
150		-	~~support;~~ 5
	149	+	(iv) after reviewing the settlement agreement, the court is satisfied 3
	150	+	that any terms of the agreement relating to minor or dependent children are in the best 4
	151	+	interests of those children. 5
151	152
152		-	(iii) neither party files a pleading to set aside the settlement 6
153		-	agreement prior to the divorce hearing required under the Maryland Rules; and 7
	153	+	(B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 6
	154	+	HAVE LIVED SEPARATE AND APART FOR PURPOSES OF SUBS ECTION (A)(1) OF THIS 7
	155	+	SECTION EVEN IF: 8
154	156
155		-	(iv) after reviewing the settlement agreement, the court is satisfied 8
156		-	that any terms of the agreement relating to minor or dependent children are in the best 9
157		-	interests of those children. 10
	157	+	(1) THE PARTIES RESIDE UNDER THE SAM E ROOF; OR 9
158	158
159		-	(B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 11
160		-	HAVE LIVED SEPARATE AND APART FOR PURPOSES OF SUBS ECTION (A)(1) OF THIS 12
161		-	SECTION EVEN IF: 13
	159	+	(2) THE SEPARATION IS IN ACCORDANCE WITH A COURT ORDER . 10
162	160
163		-	(1) THE PARTIES RESIDE UNDER THE SAM E ROOF; OR 14
	161	+	[(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 11
	162	+	on the grounds set forth in subsection (a)(1) through [(7)] (4) of this section[, but is a factor 12
	163	+	to be considered by the court in a case involving the ground of adultery]. 13
164	164
165		-	(2) THE SEPARATION I S IN ACCORDANCE WITH A COURT ORDER . 15
	165	+	[(c)] (D) Res judicata with respect to another ground under this section is not a 14
	166	+	bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 15
	167	+	separation. 16
166	168
167		-	[(~~b)] (C~~) ~~Recrimination~~ is not a bar to ~~either party obtaining~~ an absolute divorce 16
168		-	~~on the grounds set forth in subsection (a)(1) through [(7)] (4)~~ of ~~this section[~~, but is a factor 17
169		-	to be ~~considered by the court in a case involving the ground of adultery]~~. 18
	169	+	[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 17
	170	+	ground of adultery, but is a factor to be considered by the court in determining whether the 18
	171	+	divorce should be decreed. 19
170	172
171		-	[(c)] (D) Res judicata with respect to another ground under this section is not a 19
172		-	bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 20
173		-	separation. 21
	173	+	(e) (1) A court may decree an absolute divorce even if a party has obtained a 20
	174	+	limited divorce. 21
174	175
175		-	[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 22
176		-	ground of adultery, but is a factor to be considered by the court in determining whether the 23
177		-	divorce should be decreed. 24
	176	+	(2) If a party obtained a limited divorce on the ground of desertion that at 22
	177	+	the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 23
	178	+	party may obtain an absolute divorce on the ground of desertion when the desertion meets 24
	179	+	the requirements of subsection (a)(2) of this section.] 25
178	180
179		-	(e) ~~(1)~~ A court ~~may decree~~ an absolute divorce ~~even if a party has obtained a 25~~
180		-	~~limited divorce.~~ 26
	181	+	[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 26
	182	+	under subsection [(a)(8)] (A)(4) of this section, the court may: 27
181	183
182		-	(2) If a party obtained a limited divorce on the ground of desertion that at 27
183		-	the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 28
184		-	party may obtain an absolute divorce on the ground of desertion when the desertion meets 29
185		-	the requirements of subsection (a)(2) of this section.] 30
	184	+	(1) merge or incorporate the settlement agreement into the divorce decree; 28
	185	+	and 29
186	186
187		-	[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 31
188		-	under subsection [(a)(8)] (A)(4) of this section, the court may: 32
189		-	HOUSE BILL 639 5
	187	+	(2) modify or enforce the settlement agreement consistent with Title 8, 30
	188	+	Subtitle 1 of this article. 31
	189	+
	190	+	[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 32
	191	+	the application for divorce” includes an oral amendment made by a party with the consent 33 HOUSE BILL 639 5
190	192
191	193
192		-	~~(1) merge or incorporate~~ the ~~settlement agreement into~~ the ~~divorce decree;~~ 1
193		-	~~and~~ 2
	194	+	of the other party at a hearing on the merits in open court to a previously filed application 1
	195	+	for limited DIVORCE FILED BEFORE OCTOBER 1, 2022, or absolute divorce. 2
194	196
195		-	(2) modify or enforce the settlement agreement consistent with Title 8, 3
196		-	Subtitle 1 of this article. 4
197		-
198		-	[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 5
199		-	the application for divorce” includes an oral amendment made by a party with the consent 6
200		-	of the other party at a hearing on the merits in open court to a previously filed application 7
201		-	for limited DIVORCE FILED BEFORE OCTOBER 1, 2022, or absolute divorce. 8
202		-
203		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
204		-	October 1, 2022. 10
205		-
206		-
207		-
208		-	Approved:
209		-	________________________________________________________________________________
210		-	Governor.
211		-	________________________________________________________________________________
212		-	Speaker of the House of Delegates.
213		-	________________________________________________________________________________
214		-	President of the Senate.
	197	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
	198	+	October 1, 2022. 4