EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0014*
HOUSE BILL 14
D4 3lr0535
HB 639/22 – JUD (PRE–FILED) CF SB 36
By: Delegate Atterbeary
Requested: October 11, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Grounds for Divorce 2
FOR the purpose of repealing the authority of a court to decree a limited divorce; altering 3
certain grounds for an absolute divorce; and generally relating to divorce. 4
BY repealing 5
Article – Family Law 6
Section 7–102 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2022 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 7–103 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Family Law 17
[7–102. 18
(a) The court may decree a limited divorce on the following grounds: 19
(1) cruelty of treatment of the complaining party or of a minor child of the 20
complaining party; 21
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(2) excessively vicious conduct to the complaining party or to a minor child 1
of the complaining party; 2
(3) desertion; or 3
(4) separation, if the parties are living separate and apart without 4
cohabitation. 5
(b) The court may decree a divorce under this section for a limited time or for an 6
indefinite time. 7
(c) The court that granted a decree of limited divorce may revoke the decree at 8
any time on the joint application of the parties. 9
(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 10
parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 11
divorce.] 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
(3) conviction of a felony or misdemeanor in any state or in any court of the 21
United States if before the filing of the application for divorce the defendant has: 22
(i) been sentenced to serve at least 3 years or an indeterminate 23
sentence in a penal institution; and 24
(ii) served 12 months of the sentence; 25
(4) 12–month separation, when parties have lived separate and apart 26
without cohabitation for 12 months without interruption before the filing of the application 27
for divorce; 28
(5) insanity if: 29
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(i) the insane spouse has been confined in a mental institution, 1
hospital, or other similar institution for at least 3 years before the filing of the application 2
for divorce; 3
(ii) the court determines from the testimony of at least 2 physicians 4
who are competent in psychiatry that the insanity is incurable and there is no hope of 5
recovery; and 6
(iii) 1 of the parties has been a resident of this State for at least 2 7
years before the filing of the application for divorce; 8
(6) cruelty of treatment toward the complaining party or a minor child of 9
the complaining party, if there is no reasonable expectation of reconciliation; 10
(7) excessively vicious conduct toward the complaining party or a minor 11
child of the complaining party, if there is no reasonable expectation of reconciliation; or] 12
(1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIVED SEPARATE 13
AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 14
APPLICATION FOR DIVO RCE; 15
(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 16
BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE; 17
(3) PERMANENT LEGAL INCA PACITY OF A PARTY BA SED ON PROOF , 18
INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVIDE NCE, 19
THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS; 20
OR 21
[(8)] (4) 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
(ii) the parties attach to the settlement agreement a completed child 30
support guidelines worksheet if the settlement agreement provides for the payment of child 31
support; 32
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(iii) neither party files a pleading to set aside the settlement 1
agreement prior to the divorce hearing required under the Maryland Rules; and 2
(iv) after reviewing the settlement agreement, the court is satisfied 3
that any terms of the agreement relating to minor or dependent children are in the best 4
interests of those children. 5
(B) PARTIES WHO HAVE PURSUED SEPARATE LIV ES SHALL BE DEEMED T O 6
HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS 7
SECTION EVEN IF: 8
(1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR 9
(2) THE SEPARATION IS IN ACCORDANCE WITH A CO URT ORDER. 10
[(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 11
on the grounds set forth in subsection (a)(1) through [(7)] (4) of this section[, but is a factor 12
to be considered by the court in a case involving the ground of adultery]. 13
[(c)] (D) Res judicata with respect to another ground under this section is not a 14
bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 15
separation. 16
[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 17
ground of adultery, but is a factor to be considered by the court in determining whether the 18
divorce should be decreed. 19
(e) (1) A court may decree an absolute divorce even if a party has obtained a 20
limited divorce. 21
(2) If a party obtained a limited divorce on the ground of desertion that at 22
the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 23
party may obtain an absolute divorce on the ground of desertion when the desertion meets 24
the requirements of subsection (a)(2) of this section.] 25
[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 26
under subsection [(a)(8)] (A)(4) of this section, the court may: 27
(1) merge or incorporate the settlement agreement into the divorce decree; 28
and 29
(2) modify or enforce the settlement agreement consistent with Title 8, 30
Subtitle 1 of this article. 31
[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 32
the application for divorce” includes an oral amendment made by a party with the consent 33 HOUSE BILL 14 5
of the other party at a hearing on the merits in open court to a previously filed application 1
for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 3
October 1, 2023. 4