WES MOORE, Governor Ch. 645
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Chapter 645
(Senate Bill 36)
AN ACT concerning
Family Law – Grounds for Divorce
FOR the purpose of repealing the authority of a court to decree a limited divorce; altering
certain grounds for an absolute divorce; and generally relating to divorce.
BY repealing
Article – Family Law
Section 7–102
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 7–103
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Family Law
[7–102.
(a) The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the
complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child
of the complaining party;
(3) desertion; or
(4) separation, if the parties are living separate and apart without
cohabitation.
(b) The court may decree a divorce under this section for a limited time or for an
indefinite time.
Ch. 645 2023 LAWS OF MARYLAND
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(c) The court that granted a decree of limited divorce may revoke the decree at
any time on the joint application of the parties.
(d) If an absolute divorce is prayed and the evidence is sufficient to entitle the
parties to a limited divorce, but not to an absolute divorce, the court may decree a limited
divorce.]
7–103.
(a) The court may decree an absolute divorce on the following grounds:
[(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption
before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) conviction of a felony or misdemeanor in any state or in any court of the
United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate
sentence in a penal institution; and
(ii) served 12 months of the sentence;
(4) 12–month separation, when parties have lived separate and apart
without cohabitation for 12 months without interruption before the filing of the application
for divorce;
(5) insanity if:
(i) the insane spouse has been confined in a mental institution,
hospital, or other similar institution for at least 3 years before the filing of the application
for divorce;
(ii) the court determines from the testimony of at least 2 physicians
who are competent in psychiatry that the insanity is incurable and there is no hope of
recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2
years before the filing of the application for divorce; WES MOORE, Governor Ch. 645
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(6) cruelty of treatment toward the complaining party or a minor child of
the complaining party, if there is no reasonable expectation of reconciliation;
(7) excessively vicious conduct toward the complaining party or a minor
child of the complaining party, if there is no reasonable expectation of reconciliation; or]
(1) 6–MONTH SEPARATION , IF THE PARTIES HAVE LIVED SEPARATE
AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE
APPLICATION FOR DIVO RCE;
(2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED
BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE;
(3) PERMANENT LEGAL INCA PACITY OF A PARTY BA SED ON PROOF,
INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE,
THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS;
OR
[(8)] (4) (3) mutual consent, if:
(i) the parties execute and submit to the court a written settlement
agreement signed by both parties that resolves all issues relating to:
1. alimony;
2. the distribution of property, including the relief provided
in §§ 8–205 and 8–208 of this article; and
3. the care, custody, access, and support of minor or
dependent children;
(ii) the parties attach to the settlement agreement a completed child
support guidelines worksheet if the settlement agreement provides for the payment of child
support;
(iii) neither party files a pleading to set aside the settlement
agreement prior to the divorce hearing required under the Maryland Rules; and
(iv) after reviewing the settlement agreement, the court is satisfied
that any terms of the agreement relating to minor or dependent children are in the best
interests of those children.
Ch. 645 2023 LAWS OF MARYLAND
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(B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO
HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS
SECTION EVEN IF:
(1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR
(2) THE SEPARAT ION IS IN ACCORDANCE WITH A COURT ORDER .
[(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce
on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a
factor to be considered by the court in a case involving the ground of adultery].
[(c)] (D) Res judicata with respect to another ground under this section is not a
bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH
separation.
[(d) Condonation is not an absolute bar to a decree of an absolute divorce on the
ground of adultery, but is a factor to be considered by the court in determining whether the
divorce should be decreed.
(e) (1) A court may decree an absolute divorce even if a party has obtained a
limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at
the time of the decree did not meet the requirements of subsection (a)(2) of this section, the
party may obtain an absolute divorce on the ground of desertion when the desertion meets
the requirements of subsection (a)(2) of this section.]
[(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent
under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may:
(1) merge or incorporate the settlement agreement into the divorce decree;
and
(2) modify or enforce the settlement agreement consistent with Title 8,
Subtitle 1 of this article.
[(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of
the application for divorce” includes an oral amendment made by a party with the consent
of the other party at a hearing on the merits in open court to a previously filed application
for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
WES MOORE, Governor Ch. 645
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Approved by the Governor, May 16, 2023.