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  • Writer's pictureLaurie M. Wasserman

10 Questions Attorneys Have Regarding the New Maryland Divorce Laws

With the announcement of the new Maryland divorce laws set to take effect on October 1, 2023, many attorneys around the state are wondering how the new laws are going to play out in practice. As attorneys, we will be the ones advising clients on the new laws, however, because they have not gone into effect yet, there are many questions that cannot be answered until the new cases start working their way through the courts. Here are some of the top questions the attorneys here at Wasserman Family Law are looking forward to answering in the next few months:

  1. What exactly is “Irreconcilable Differences,” and how can it be proved?

  2. Do both parties need to agree on irreconcilable differences, or is one party’s assertion enough?

  3. Now that adultery and cruelty are no longer grounds for divorce, do we even need to mention it in the Complaint for Absolute Divorce? How do we advise clients who want to put forth evidence?

  4. Is there a timing element to irreconcilable differences? And if not, then why is there still a separation ground?

  5. Is there a physical separation requirement for irreconcilable differences, or can parties get divorced on those grounds while still living together?

  6. What will the court be looking for to prove “separation” if the parties are still residing together under the same roof?

  7. How is permanent legal incapacity proven?

  8. What will happen to Complaints filed before October 1, 2023 on non-existent grounds? Will we have to amend the Complaint? Can parties amend on the record?

  9. Will the elimination of fault-based grounds have a positive impact on families, making family law cases less contentious?

  10. Will the new laws result in divorce cases being resolved more quickly?

As the new Maryland divorce laws take effect this fall, we are looking forward to learning the answers to these questions so we can best advise our clients as they navigate this challenging time.

If you have questions about the changes in Maryland divorce laws, please contact us at or call our main number 410-842-1070.

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Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter.

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