MD
Maryland Senate Bill SB36

Maryland 2023 Regular Session

Maryland Senate Bill SB36 Compare Versions

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1- WES MOORE, Governor Ch. 645
21
3-– 1 –
4-Chapter 645
5-(Senate Bill 36)
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+ *sb0036*
89
9-Family Law – Grounds for Divorce
10+SENATE BILL 36
11+D4 3lr0668
12+HB 639/22 – JUD (PRE–FILED) CF HB 14
13+By: Senator West
14+Requested: November 1, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable
18+Senate action: Adopted with floor amendments
19+Read second time: March 10, 2023
1020
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.
21+CHAPTER ______
1322
14-BY repealing
15- Article – Family Law
16-Section 7–102
17- Annotated Code of Maryland
18- (2019 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
1924
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)
25+Family Law – Grounds for Divorce 2
2526
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
27+FOR the purpose of repealing the authority of a court to decree a limited divorce; altering 3
28+certain grounds for an absolute divorce; and generally relating to divorce. 4
2829
29-Article – Family Law
30+BY repealing 5
31+ Article – Family Law 6
32+Section 7–102 7
33+ Annotated Code of Maryland 8
34+ (2019 Replacement Volume and 2022 Supplement) 9
3035
31-[7–102.
36+BY repealing and reenacting, with amendments, 10
37+ Article – Family Law 11
38+Section 7–103 12
39+ Annotated Code of Maryland 13
40+ (2019 Replacement Volume and 2022 Supplement) 14
3241
33- (a) The court may decree a limited divorce on the following grounds:
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
43+That the Laws of Maryland read as follows: 16
3444
35- (1) cruelty of treatment of the complaining party or of a minor child of the
36-complaining party;
45+Article – Family Law 17
3746
38- (2) excessively vicious conduct to the complaining party or to a minor child
39-of the complaining party;
47+[7–102. 18
48+ 2 SENATE BILL 36
4049
41- (3) desertion; or
4250
43- (4) separation, if the parties are living separate and apart without
44-cohabitation.
51+ (a) The court may decree a limited divorce on the following grounds: 1
4552
46- (b) The court may decree a divorce under this section for a limited time or for an
47-indefinite time.
48- Ch. 645 2023 LAWS OF MARYLAND
53+ (1) cruelty of treatment of the complaining party or of a minor child of the 2
54+complaining party; 3
4955
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.
56+ (2) excessively vicious conduct to the complaining party or to a minor child 4
57+of the complaining party; 5
5358
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.]
59+ (3) desertion; or 6
5760
58-7–103.
61+ (4) separation, if the parties are living separate and apart without 7
62+cohabitation. 8
5963
60- (a) The court may decree an absolute divorce on the following grounds:
64+ (b) The court may decree a divorce under this section for a limited time or for an 9
65+indefinite time. 10
6166
62- [(1) adultery;
67+ (c) The court that granted a decree of limited divorce may revoke the decree at 11
68+any time on the joint application of the parties. 12
6369
64- (2) desertion, if:
70+ (d) If an absolute divorce is prayed and the evidence is sufficient to entitle the 13
71+parties to a limited divorce, but not to an absolute divorce, the court may decree a limited 14
72+divorce.] 15
6573
66- (i) the desertion has continued for 12 months without interruption
67-before the filing of the application for divorce;
74+7–103. 16
6875
69- (ii) the desertion is deliberate and final; and
76+ (a) The court may decree an absolute divorce on the following grounds: 17
7077
71- (iii) there is no reasonable expectation of reconciliation;
78+ [(1) adultery; 18
7279
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:
80+ (2) desertion, if: 19
7581
76- (i) been sentenced to serve at least 3 years or an indeterminate
77-sentence in a penal institution; and
82+ (i) the desertion has continued for 12 months without interruption 20
83+before the filing of the application for divorce; 21
7884
79- (ii) served 12 months of the sentence;
85+ (ii) the desertion is deliberate and final; and 22
8086
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;
87+ (iii) there is no reasonable expectation of reconciliation; 23
8488
85- (5) insanity if:
89+ (3) conviction of a felony or misdemeanor in any state or in any court of the 24
90+United States if before the filing of the application for divorce the defendant has: 25
8691
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;
92+ (i) been sentenced to serve at least 3 years or an indeterminate 26
93+sentence in a penal institution; and 27
9094
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
95+ (ii) served 12 months of the sentence; 28
96+ SENATE BILL 36 3
9497
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. 645
9798
98-– 3 –
99+ (4) 12–month separation, when parties have lived separate and apart 1
100+without cohabitation for 12 months without interruption before the filing of the application 2
101+for divorce; 3
99102
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;
103+ (5) insanity if: 4
102104
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]
105+ (i) the insane spouse has been confined in a mental institution, 5
106+hospital, or other similar institution for at least 3 years before the filing of the application 6
107+for divorce; 7
105108
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;
109+ (ii) the court determines from the testimony of at least 2 physicians 8
110+who are competent in psychiatry that the insanity is incurable and there is no hope of 9
111+recovery; and 10
109112
110- (2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED
111-BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARR IAGE;
113+ (iii) 1 of the parties has been a resident of this State for at least 2 11
114+years before the filing of the application for divorce; 12
112115
113- (3) PERMANENT LEGAL INCA PACITY OF A PARTY BA SED 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
116+ (6) cruelty of treatment toward the complaining party or a minor child of 13
117+the complaining party, if there is no reasonable expectation of reconciliation; 14
117118
118- [(8)] (4) (3) mutual consent, if:
119+ (7) excessively vicious conduct toward the complaining party or a minor 15
120+child of the complaining party, if there is no reasonable expectation of reconciliation; or] 16
119121
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:
122+ (1) 6–MONTH SEPARATIO N, IF THE PARTIES HAVE LIVED SEPARATE 17
123+AND APART FOR 6 MONTHS WITHOUT INTER RUPTION BEFORE THE F ILING OF THE 18
124+APPLICATION FOR DIVO RCE; 19
122125
123- 1. alimony;
126+ (2) IRRECONCILABLE DIFFE RENCES BASED ON THE REASONS STATED 20
127+BY THE COMPLAINANT F OR THE PERMANENT TER MINATION OF THE MARRIAGE; 21
124128
125- 2. the distribution of property, including the relief provided
126-in §§ 8–205 and 8–208 of this article; and
129+ (3) PERMANENT LEGAL INCA PACITY OF A PARTY BA SED ON PROOF , 22
130+INCLUDING COMPETENT MEDICAL OR PSYCHIATR IC TESTIMONY OR EVID ENCE, 23
131+THAT THE PARTY PERMA NENTLY LACKS THE LEG AL CAPACITY TO MAKE DECISIONS; 24
132+OR 25
127133
128- 3. the care, custody, access, and support of minor or
129-dependent children;
134+ [(8)] (4) (3) mutual consent, if: 26
130135
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;
136+ (i) the parties execute and submit to the court a written settlement 27
137+agreement signed by both parties that resolves all issues relating to: 28
134138
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
139+ 1. alimony; 29
137140
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. 645 2023 LAWS OF MARYLAND
141+ 2. the distribution of property, including the relief provided 30
142+in §§ 8–205 and 8–208 of this article; and 31
143+ 4 SENATE BILL 36
142144
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:
147145
148- (1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR
146+ 3. the care, custody, access, and support of minor or 1
147+dependent children; 2
149148
150- (2) THE SEPARAT ION IS IN ACCORDANCE WITH A COURT ORDER .
149+ (ii) the parties attach to the settlement agreement a completed child 3
150+support guidelines worksheet if the settlement agreement provides for the payment of child 4
151+support; 5
151152
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].
153+ (iii) neither party files a pleading to set aside the settlement 6
154+agreement prior to the divorce hearing required under the Maryland Rules; and 7
155155
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.
156+ (iv) after reviewing the settlement agreement, the court is satisfied 8
157+that any terms of the agreement relating to minor or dependent children are in the best 9
158+interests of those children. 10
159159
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.
160+ (B) PARTIES WHO HAVE PURS UED SEPARATE LIVES S HALL BE DEEMED TO 11
161+HAVE LIVED SEPARATE AND APART FOR PURPOS ES OF SUBSECTION (A)(1) OF THIS 12
162+SECTION EVEN IF: 13
163163
164- (e) (1) A court may decree an absolute divorce even if a party has obtained a
165-limited divorce.
164+ (1) THE PARTIES RESIDE U NDER THE SAME ROOF ; OR 14
166165
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.]
166+ (2) THE SEPARATION IS IN ACCORDANCE WITH A CO URT ORDER. 15
171167
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:
168+ [(b)] (C) Recrimination is not a bar to either party obtaining an absolute divorce 16
169+on the grounds set forth in subsection (a)(1) through [(7)] (4) (3) of this section[, but is a 17
170+factor to be considered by the court in a case involving the ground of adultery]. 18
174171
175- (1) merge or incorporate the settlement agreement into the divorce decree;
176-and
172+ [(c)] (D) Res judicata with respect to another ground under this section is not a 19
173+bar to either party obtaining an absolute divorce on the ground of [12–month] 6–MONTH 20
174+separation. 21
177175
178- (2) modify or enforce the settlement agreement consistent with Title 8,
179-Subtitle 1 of this article.
176+ [(d) Condonation is not an absolute bar to a decree of an absolute divorce on the 22
177+ground of adultery, but is a factor to be considered by the court in determining whether the 23
178+divorce should be decreed. 24
180179
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.
180+ (e) (1) A court may decree an absolute divorce even if a party has obtained a 25
181+limited divorce. 26
185182
186- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
187-October 1, 2023.
188- WES MOORE, Governor Ch. 645
183+ (2) If a party obtained a limited divorce on the ground of desertion that at 27
184+the time of the decree did not meet the requirements of subsection (a)(2) of this section, the 28
185+party may obtain an absolute divorce on the ground of desertion when the desertion meets 29
186+the requirements of subsection (a)(2) of this section.] 30
189187
190-– 5 –
191-Approved by the Governor, May 16, 2023.
188+ [(f)] (E) If a court decrees an absolute divorce on the grounds of mutual consent 31
189+under subsection [(a)(8)] (A)(4) (A)(3) of this section, the court may: 32
190+ SENATE BILL 36 5
191+
192+
193+ (1) merge or incorporate the settlement agreement into the divorce decree; 1
194+and 2
195+
196+ (2) modify or enforce the settlement agreement consistent with Title 8, 3
197+Subtitle 1 of this article. 4
198+
199+ [(g)] (F) For purposes of subsection [(a)(4)] (A)(1) of this section, the “filing of 5
200+the application for divorce” includes an oral amendment made by a party with the consent 6
201+of the other party at a hearing on the merits in open court to a previously filed application 7
202+for limited DIVORCE FILED BEFORE OCTOBER 1, 2023, or absolute divorce. 8
203+
204+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
205+October 1, 2023. 10
206+
207+
208+
209+
210+
211+Approved:
212+________________________________________________________________________________
213+ Governor.
214+________________________________________________________________________________
215+ President of the Senate.
216+________________________________________________________________________________
217+ Speaker of the House of Delegates.