MD
Maryland House Bill HB14

Maryland 2023 Regular Session

Maryland House Bill HB14 Compare Versions

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1- WES MOORE, Governor Ch. 646
21
3-– 1 –
4-Chapter 646
5-(House Bill 14)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0014*
810
9-Family Law – Grounds for Divorce
11+HOUSE BILL 14
12+D4 (3lr0535)
13+ENROLLED BILL
14+— Judiciary/Judicial Proceedings —
15+Introduced by Delegate Atterbeary
1016
11-FOR the purpose of repealing the authority of a court to decree a limited divorce; altering
12-certain grounds for an absolute divorce; and generally relating to divorce.
17+Read and Examined by Proofreaders:
1318
14-BY repealing
15- Article – Family Law
16-Section 7–102
17- Annotated Code of Maryland
18- (2019 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
1923
20-BY repealing and reenacting, with amendments,
21- Article – Family Law
22-Section 7–103
23- Annotated Code of Maryland
24- (2019 Replacement Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2525
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
2827
29-Article – Family Law
28+______________________________________________
29+Speaker.
3030
31-[7–102.
31+CHAPTER ______
3232
33- (a) The court may decree a limited divorce on the following grounds:
33+AN ACT concerning 1
3434
35- (1) cruelty of treatment of the complaining party or of a minor child of the
36-complaining party;
35+Family Law – Grounds for Divorce 2
3736
38- (2) excessively vicious conduct to the complaining party or to a minor child
39-of the complaining party;
37+FOR the purpose of repealing the authority of a court to decree a limited divorce; altering 3
38+certain grounds for an absolute divorce; and generally relating to divorce. 4
4039
41- (3) desertion; or
40+BY repealing 5
41+ Article – Family Law 6
42+Section 7–102 7
43+ Annotated Code of Maryland 8
44+ (2019 Replacement Volume and 2022 Supplement) 9
4245
43- (4) separation, if the parties are living separate and apart without
44-cohabitation.
46+BY repealing and reenacting, with amendments, 10
47+ Article – Family Law 11
48+Section 7–103 12
49+ Annotated Code of Maryland 13 2 HOUSE BILL 14
4550
46- (b) The court may decree a divorce under this section for a limited time or for an
47-indefinite time.
48- Ch. 646 2023 LAWS OF MARYLAND
4951
50-– 2 –
51- (c) The court that granted a decree of limited divorce may revoke the decree at
52-any time on the joint application of the parties.
52+ (2019 Replacement Volume and 2022 Supplement) 1
5353
54- (d) If an absolute divorce is prayed and the evidence is sufficient to entitle the
55-parties to a limited divorce, but not to an absolute divorce, the court may decree a limited
56-divorce.]
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55+That the Laws of Maryland read as follows: 3
5756
58-7–103.
57+Article – Family Law 4
5958
60- (a) The court may decree an absolute divorce on the following grounds:
59+[7–102. 5
6160
62- [(1) adultery;
61+ (a) The court may decree a limited divorce on the following grounds: 6
6362
64- (2) desertion, if:
63+ (1) cruelty of treatment of the complaining party or of a minor child of the 7
64+complaining party; 8
6565
66- (i) the desertion has continued for 12 months without interruption
67-before the filing of the application for divorce;
66+ (2) excessively vicious conduct to the complaining party or to a minor child 9
67+of the complaining party; 10
6868
69- (ii) the desertion is deliberate and final; and
69+ (3) desertion; or 11
7070
71- (iii) there is no reasonable expectation of reconciliation;
71+ (4) separation, if the parties are living separate and apart without 12
72+cohabitation. 13
7273
73- (3) conviction of a felony or misdemeanor in any state or in any court of the
74-United States if before the filing of the application for divorce the defendant has:
74+ (b) The court may decree a divorce under this section for a limited time or for an 14
75+indefinite time. 15
7576
76- (i) been sentenced to serve at least 3 years or an indeterminate
77-sentence in a penal institution; and
77+ (c) The court that granted a decree of limited divorce may revoke the decree at 16
78+any time on the joint application of the parties. 17
7879
79- (ii) served 12 months of the sentence;
80+ (d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 18
81+parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 19
82+divorce.] 20
8083
81- (4) 12–month separation, when parties have lived separate and apart
82-without cohabitation for 12 months without interruption before the filing of the application
83-for divorce;
84+7–103. 21
8485
85- (5) insanity if:
86+ (a) The court may decree an absolute divorce on the following grounds: 22
8687
87- (i) the insane spouse has been confined in a mental institution,
88-hospital, or other similar institution for at least 3 years before the filing of the application
89-for divorce;
88+ [(1) adultery; 23
9089
91- (ii) the court determines from the testimony of at least 2 physicians
92-who are competent in psychiatry that the insanity is incurable and there is no hope of
93-recovery; and
90+ (2) desertion, if: 24
9491
95- (iii) 1 of the parties has been a resident of this State for at least 2
96-years before the filing of the application for divorce; WES MOORE, Governor Ch. 646
92+ (i) the desertion has continued for 12 months without interruption 25
93+before the filing of the application for divorce; 26
9794
98-– 3 –
95+ (ii) the desertion is deliberate and final; and 27
9996
100- (6) cruelty of treatment toward the complaining party or a minor child of
101-the complaining party, if there is no reasonable expectation of reconciliation;
97+ (iii) there is no reasonable expectation of reconciliation; 28 HOUSE BILL 14 3
10298
103- (7) excessively vicious conduct toward the complaining party or a minor
104-child of the complaining party, if there is no reasonable expectation of reconciliation; or]
10599
106- (1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIVED SEPARATE
107-AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE
108-APPLICATION FOR DIVO RCE;
109100
110- (2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED
111-BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE;
101+ (3) conviction of a felony or misdemeanor in any state or in any court of the 1
102+United States if before the filing of the application for divorce the defendant has: 2
112103
113- (3) PERMANENT LEGAL INCA PACITY OF A PARTY BASED ON PROOF ,
114-INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE,
115-THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS;
116-OR
104+ (i) been sentenced to serve at least 3 years or an indeterminate 3
105+sentence in a penal institution; and 4
117106
118- [(8)] (4) (3) mutual consent, if:
107+ (ii) served 12 months of the sentence; 5
119108
120- (i) the parties execute and submit to the court a written settlement
121-agreement signed by both parties that resolves all issues relating to:
109+ (4) 12–month separation, when parties have lived separate and apart 6
110+without cohabitation for 12 months without interruption before the filing of the application 7
111+for divorce; 8
122112
123- 1. alimony;
113+ (5) insanity if: 9
124114
125- 2. the distribution of property, including the relief provided
126-in §§ 8–205 and 8–208 of this article; and
115+ (i) the insane spouse has been confined in a mental institution, 10
116+hospital, or other similar institution for at least 3 years before the filing of the application 11
117+for divorce; 12
127118
128- 3. the care, custody, access, and support of minor or
129-dependent children;
119+ (ii) the court determines from the testimony of at least 2 physicians 13
120+who are competent in psychiatry that the insanity is incurable and there is no hope of 14
121+recovery; and 15
130122
131- (ii) the parties attach to the settlement agreement a completed child
132-support guidelines worksheet if the settlement agreement provides for the payment of child
133-support;
123+ (iii) 1 of the parties has been a resident of this State for at least 2 16
124+years before the filing of the application for divorce; 17
134125
135- (iii) neither party files a pleading to set aside the settlement
136-agreement prior to the divorce hearing required under the Maryland Rules; and
126+ (6) cruelty of treatment toward the complaining party or a minor child of 18
127+the complaining party, if there is no reasonable expectation of reconciliation; 19
137128
138- (iv) after reviewing the settlement agreement, the court is satisfied
139-that any terms of the agreement relating to minor or dependent children are in the best
140-interests of those children.
141- Ch. 646 2023 LAWS OF MARYLAND
129+ (7) excessively vicious conduct toward the complaining party or a minor 20
130+child of the complaining party, if there is no reasonable expectation of reconciliation; or] 21
142131
143-– 4 –
144- (B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO
145-HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS
146-SECTION EVEN IF:
132+ (1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIVED SEPARATE 22
133+AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 23
134+APPLICATION FOR DIVO RCE; 24
147135
148- (1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR
136+ (2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 25
137+BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE; 26
149138
150- (2) THE SEPARATI ON IS IN ACCORDANCE WITH A COURT ORDER .
139+ (3) PERMANENT LEGAL INCA PACITY OF A PARTY BASED ON PROOF , 27
140+INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 28
141+THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS; 29
142+OR 30
151143
152- [(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce
153-on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a
154-factor to be considered by the court in a case involving the ground of adultery].
144+ [(8)] (4) (3) mutual consent, if: 31
145+ 4 HOUSE BILL 14
155146
156- [(c)] (D) Res judicata with respect to another ground under this section is not a
157-bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH
158-separation.
159147
160- [(d) Condonation is not an absolute bar to a decree of an absolute divorce on the
161-ground of adultery, but is a factor to be considered by the court in determining whether the
162-divorce should be decreed.
148+ (i) the parties execute and submit to the court a written settlement 1
149+agreement signed by both parties that resolves all issues relating to: 2
163150
164- (e) (1) A court may decree an absolute divorce even if a party has obtained a
165-limited divorce.
151+ 1. alimony; 3
166152
167- (2) If a party obtained a limited divorce on the ground of desertion that at
168-the time of the decree did not meet the requirements of subsection (a)(2) of this section, the
169-party may obtain an absolute divorce on the ground of desertion when the desertion meets
170-the requirements of subsection (a)(2) of this section.]
153+ 2. the distribution of property, including the relief provided 4
154+in §§ 8–205 and 8–208 of this article; and 5
171155
172- [(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent
173-under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may:
156+ 3. the care, custody, access, and support of minor or 6
157+dependent children; 7
174158
175- (1) merge or incorporate the settlement agreement into the divorce decree;
176-and
159+ (ii) the parties attach to the settlement agreement a completed child 8
160+support guidelines worksheet if the settlement agreement provides for the payment of child 9
161+support; 10
177162
178- (2) modify or enforce the settlement agreement consistent with Title 8,
179-Subtitle 1 of this article.
163+ (iii) neither party files a pleading to set aside the settlement 11
164+agreement prior to the divorce hearing required under the Maryland Rules; and 12
180165
181- [(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of
182-the application for divorce” includes an oral amendment made by a party with the consent
183-of the other party at a hearing on the merits in open court to a previously filed application
184-for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce.
166+ (iv) after reviewing the settlement agreement, the court is satisfied 13
167+that any terms of the agreement relating to minor or dependent children are in the best 14
168+interests of those children. 15
185169
186- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
187-October 1, 2023.
188- WES MOORE, Governor Ch. 646
170+ (B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 16
171+HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS 17
172+SECTION EVEN IF: 18
189173
190-– 5 –
191-Approved by the Governor, May 16, 2023.
174+ (1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR 19
175+
176+ (2) THE SEPARATION IS IN ACC ORDANCE WITH A COURT ORDER. 20
177+
178+ [(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 21
179+on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a 22
180+factor to be considered by the court in a case involving the ground of adultery]. 23
181+
182+ [(c)] (D) Res judicata with respect to another ground under this section is not a 24
183+bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 25
184+separation. 26
185+
186+ [(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 27
187+ground of adultery, but is a factor to be considered by the court in determining whether the 28
188+divorce should be decreed. 29
189+
190+ (e) (1) A court may decree an absolute divorce even if a party has obtained a 30
191+limited divorce. 31
192+ HOUSE BILL 14 5
193+
194+
195+ (2) If a party obtained a limited divorce on the ground of desertion that at 1
196+the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 2
197+party may obtain an absolute divorce on the ground of desertion when the desertion meets 3
198+the requirements of subsection (a)(2) of this section.] 4
199+
200+ [(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 5
201+under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may: 6
202+
203+ (1) merge or incorporate the settlement agreement into the divorce decree; 7
204+and 8
205+
206+ (2) modify or enforce the settlement agreement consistent with Title 8, 9
207+Subtitle 1 of this article. 10
208+
209+ [(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 11
210+the application for divorce” includes an oral amendment made by a party with the consent 12
211+of the other party at a hearing on the merits in open court to a previously filed application 13
212+for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce. 14
213+
214+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
215+October 1, 2023. 16
216+
217+
218+
219+
220+
221+Approved:
222+________________________________________________________________________________
223+ Governor.
224+________________________________________________________________________________
225+ Speaker of the House of Delegates.
226+________________________________________________________________________________
227+ President of the Senate.