Starting October 1^st, 2018, couples in Maryland who have minor children will be allowed to seek a divorce on the grounds of mutual consent.[1] Currently, parents seeking a divorce who have minor children are expressly excluded from being able to split on the grounds of mutual consent under the law.[2]   In its place, the statute will now allow these parents to use mutual consent divorce where minor children are involved.[3]  Parents now must include all issues that relate to “the care, custody, access, and support of minor or dependent children” in their marital settlement agreement, along with decisions on alimony and the distribution of marital property.[4]  Additionally, if the parents decide issues of child support, the parties will have to attach a child support guidelines worksheet to the agreement.[5]  Finally, the court will have to review the separation agreement and can grant the divorce only if the court finds that all terms of the settlement agreement are in the best interests of the children.[6]

This amendment of the statute opens the door to a large number of couples who may be separated with minor children and seeking to get a divorce.  Under current law, barring any other serious grounds for divorce, including abuse and abandonment,[7]couples that simply grow apart and have children that are still underage are typically left with the 12-month separation requirement if they plan to get divorced.[8]  Of course, this posed issues for couples that may not be able to afford to be apart for a year straight, those who wish to still keep the household together for their children’s sake, or couples that wish to move on to more fulfilling relationships who fear that they could be accused of adultery.  The amendment here seems to be both permission and support by the state to allow parents to come to a reasonable agreement on a parenting plan that works best for the children to dissolve the marriage in a quick and efficient way without the stress, cost, or adversarial nature of litigating child custody.

Harry Snoots is a third-year law student at the University of Baltimore.  He serves as a Staff Editor with University of Baltimore Law Forum, Treasurer with the University of Baltimore Chapter of the American Constitution Society, and is a Student Attorney with the University of Baltimore Bronfein Family Law Clinic. Before coming to law school, he attended Salisbury University and graduated in 2015 with a Bachelor’s Degree in Psychology and Philosophy.   During summer sessions, he works with Mid-Shore Pro Bono, a regional legal non-profit, as an intern and volunteer in Easton, MD.  His interests include family law and emerging topics of law for families and parents, including surrogacy, IVF, and parental rights for LGBTQ+ families and the associated rights.  His LinkedIn profile can be found here: www.linkedin.com/in/harry-snoots.

[1]S.B. 120, 2016 Leg., 438th Sess. (Md. 2018).

[2]MD. Code Ann., Fam. Law § 7-103(a)(8)(i)(LexisNexis 2017). (“[T]he parties do not have any minor children in common[.]”)

[3]S.B. 120, 2016 Leg., 438th Sess. (Md. 2018).

[4]Id.

[5]Id.

[6]Id.

[7]MD. Code Ann., Fam. Law § 7-103(a)(LexisNexis 2017). (The other grounds include (1) adultery, (2) desertion, (3) conviction of a felony and subsequent imprisonment, (5) insanity, (6) cruel treatment, or (7) vicious treatment.)

[8]MD. Code Ann., Fam. Law § 7-103(a)(4) (LexisNexis 2017).