In most states, public policy is shifting away from laws that make divorce difficult. This trend is coming to Maryland. Individuals contemplating divorce may be interested to learn how the new no-fault divorce law impacts family law in Maryland.
Prior to the enactment of no-fault divorce, the state recognized limited divorce and absolute divorce. Limited divorce means that a person can get temporary relief if they’re not sure that they want their divorce to be permanent. When Bethesda divorce lawyers work with the judge, and the judge grants a limited divorce, the marriage is not over. And it is illegal to get remarried. However, one of the ways how the new no-fault divorce law impacts family law in Maryland is that as of October 1, 2023, limited divorce is eliminated.
Some other changes to the divorce law are significant. For example, the current law has fault-based grounds for divorce. These could be insanity, adultery, desertion, cruelty of treatment, or 12-month separation. With the new laws, the fault-based grounds are being removed. An absolute divorce will be available following a six-month separation, irreconcilable differences, or the permanent legal incapacity of an individual who cannot make decisions for themselves.
Although fault is being eliminated, Bethesda divorce lawyers may still mention who is at fault, as fault can still play a part in Maryland divorces. For example, a court might consider the reasons for the estrangement when looking at property division and questions of alimony.
Learn more about divorce laws in Maryland, and see how Shah & Kishore is working with clients to help keep the family structure intact as much as possible after separation and providing information about divorce when you visit the website.
