EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0014*
HOUSE BILL 14
D4 (3lr0535)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Atterbeary
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 2 HOUSE BILL 14
(2019 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Family Law 4
[7–102. 5
(a) The court may decree a limited divorce on the following grounds: 6
(1) cruelty of treatment of the complaining party or of a minor child of the 7
complaining party; 8
(2) excessively vicious conduct to the complaining party or to a minor child 9
of the complaining party; 10
(3) desertion; or 11
(4) separation, if the parties are living separate and apart without 12
cohabitation. 13
(b) The court may decree a divorce under this section for a limited time or for an 14
indefinite time. 15
(c) The court that granted a decree of limited divorce may revoke the decree at 16
any time on the joint application of the parties. 17
(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 18
parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 19
divorce.] 20
7–103. 21
(a) The court may decree an absolute divorce on the following grounds: 22
[(1) adultery; 23
(2) desertion, if: 24
(i) the desertion has continued for 12 months without interruption 25
before the filing of the application for divorce; 26
(ii) the desertion is deliberate and final; and 27
(iii) there is no reasonable expectation of reconciliation; 28 HOUSE BILL 14 3
(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 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
(1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIVED SEPARATE 22
AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 23
APPLICATION FOR DIVO RCE; 24
(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 25
BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE; 26
(3) PERMANENT LEGAL INCA PACITY OF A PARTY BASED ON PROOF , 27
INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 28
THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS; 29
OR 30
[(8)] (4) (3) mutual consent, if: 31
4 HOUSE BILL 14
(i) the parties execute and submit to the court a written settlement 1
agreement signed by both parties that resolves all issues relating to: 2
1. alimony; 3
2. the distribution of property, including the relief provided 4
in §§ 8–205 and 8–208 of this article; and 5
3. the care, custody, access, and support of minor or 6
dependent children; 7
(ii) the parties attach to the settlement agreement a completed child 8
support guidelines worksheet if the settlement agreement provides for the payment of child 9
support; 10
(iii) neither party files a pleading to set aside the settlement 11
agreement prior to the divorce hearing required under the Maryland Rules; and 12
(iv) after reviewing the settlement agreement, the court is satisfied 13
that any terms of the agreement relating to minor or dependent children are in the best 14
interests of those children. 15
(B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 16
HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS 17
SECTION EVEN IF: 18
(1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR 19
(2) THE SEPARATION IS IN ACC ORDANCE WITH A COURT ORDER. 20
[(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 21
on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a 22
factor to be considered by the court in a case involving the ground of adultery]. 23
[(c)] (D) Res judicata with respect to another ground under this section is not a 24
bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 25
separation. 26
[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 27
ground of adultery, but is a factor to be considered by the court in determining whether the 28
divorce should be decreed. 29
(e) (1) A court may decree an absolute divorce even if a party has obtained a 30
limited divorce. 31
HOUSE BILL 14 5
(2) If a party obtained a limited divorce on the ground of desertion that at 1
the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 2
party may obtain an absolute divorce on the ground of desertion when the desertion meets 3
the requirements of subsection (a)(2) of this section.] 4
[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 5
under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may: 6
(1) merge or incorporate the settlement agreement into the divorce decree; 7
and 8
(2) modify or enforce the settlement agreement consistent with Title 8, 9
Subtitle 1 of this article. 10
[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 11
the application for divorce” includes an oral amendment made by a party with the consent 12
of the other party at a hearing on the merits in open court to a previously filed application 13
for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2023. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.