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.
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SENATE BILL 36
D4 3lr0668
HB 639/22 – JUD (PRE–FILED) CF HB 14
By: Senator West
Requested: November 1, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: March 10, 2023
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
(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
2 SENATE BILL 36
(a) The court may decree a limited divorce on the following grounds: 1
(1) cruelty of treatment of the complaining party or of a minor child of the 2
complaining party; 3
(2) excessively vicious conduct to the complaining party or to a minor child 4
of the complaining party; 5
(3) desertion; or 6
(4) separation, if the parties are living separate and apart without 7
cohabitation. 8
(b) The court may decree a divorce under this section for a limited time or for an 9
indefinite time. 10
(c) The court that granted a decree of limited divorce may revoke the decree at 11
any time on the joint application of the parties. 12
(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 13
parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 14
divorce.] 15
7–103. 16
(a) The court may decree an absolute divorce on the following grounds: 17
[(1) adultery; 18
(2) desertion, if: 19
(i) the desertion has continued for 12 months without interruption 20
before the filing of the application for divorce; 21
(ii) the desertion is deliberate and final; and 22
(iii) there is no reasonable expectation of reconciliation; 23
(3) conviction of a felony or misdemeanor in any state or in any court of the 24
United States if before the filing of the application for divorce the defendant has: 25
(i) been sentenced to serve at least 3 years or an indeterminate 26
sentence in a penal institution; and 27
(ii) served 12 months of the sentence; 28
SENATE BILL 36 3
(4) 12–month separation, when parties have lived separate and apart 1
without cohabitation for 12 months without interruption before the filing of the application 2
for divorce; 3
(5) insanity if: 4
(i) the insane spouse has been confined in a mental institution, 5
hospital, or other similar institution for at least 3 years before the filing of the application 6
for divorce; 7
(ii) the court determines from the testimony of at least 2 physicians 8
who are competent in psychiatry that the insanity is incurable and there is no hope of 9
recovery; and 10
(iii) 1 of the parties has been a resident of this State for at least 2 11
years before the filing of the application for divorce; 12
(6) cruelty of treatment toward the complaining party or a minor child of 13
the complaining party, if there is no reasonable expectation of reconciliation; 14
(7) excessively vicious conduct toward the complaining party or a minor 15
child of the complaining party, if there is no reasonable expectation of reconciliation; or] 16
(1) 6–MONTH SEPARATIO N, IF THE PARTIES HAVE LIVED SEPARATE 17
AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 18
APPLICATION FOR DIVO RCE; 19
(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 20
BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARRIAGE; 21
(3) PERMANENT LEGAL INCA PACITY OF A PARTY BA SED ON PROOF , 22
INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 23
THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS; 24
OR 25
[(8)] (4) (3) mutual consent, if: 26
(i) the parties execute and submit to the court a written settlement 27
agreement signed by both parties that resolves all issues relating to: 28
1. alimony; 29
2. the distribution of property, including the relief provided 30
in §§ 8–205 and 8–208 of this article; and 31
4 SENATE BILL 36
3. the care, custody, access, and support of minor or 1
dependent children; 2
(ii) the parties attach to the settlement agreement a completed child 3
support guidelines worksheet if the settlement agreement provides for the payment of child 4
support; 5
(iii) neither party files a pleading to set aside the settlement 6
agreement prior to the divorce hearing required under the Maryland Rules; and 7
(iv) after reviewing the settlement agreement, the court is satisfied 8
that any terms of the agreement relating to minor or dependent children are in the best 9
interests of those children. 10
(B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 11
HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS 12
SECTION EVEN IF: 13
(1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR 14
(2) THE SEPARATION IS IN ACCORDANCE WITH A CO URT ORDER. 15
[(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 16
on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a 17
factor to be considered by the court in a case involving the ground of adultery]. 18
[(c)] (D) Res judicata with respect to another ground under this section is not a 19
bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 20
separation. 21
[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 22
ground of adultery, but is a factor to be considered by the court in determining whether the 23
divorce should be decreed. 24
(e) (1) A court may decree an absolute divorce even if a party has obtained a 25
limited divorce. 26
(2) If a party obtained a limited divorce on the ground of desertion that at 27
the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 28
party may obtain an absolute divorce on the ground of desertion when the desertion meets 29
the requirements of subsection (a)(2) of this section.] 30
[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 31
under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may: 32
SENATE BILL 36 5
(1) merge or incorporate the settlement agreement into the divorce decree; 1
and 2
(2) modify or enforce the settlement agreement consistent with Title 8, 3
Subtitle 1 of this article. 4
[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 5
the application for divorce” includes an oral amendment made by a party with the consent 6
of the other party at a hearing on the merits in open court to a previously filed application 7
for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2023. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.