Latest Developments in Maryland Family Law

In recent years, Maryland’s legislative changes have become progressively impactful, principally with the shift to October 1 as the standard effective date since 1992. This date, aligned with the federal fiscal year, marks a pivotal moment for implementing new laws. As October 1, 2024, approaches, significant updates in family law could directly influence your divorce, custody, or child support case.

In this article, we will observe several legislative bills that were passed that will have an impact on Family Law in Maryland. All bills will be finalized and will become effective as law on October 1, 2024, as divorce mutual approach, child cutesy and kin first approach, domestic violence protection, and changing the grounds available for an absolute divorce During the 2023 Legislative Session.

Kinship Care

SB708 Family Law – Kinship Care

Starting October 1, 2024, Maryland will officially embrace a “kin-first” approach in child welfare cases, which prioritizes placing children with relatives or close family friends when they need out-of-home care. This shift reflects a broader understanding of family, including those formed by cultural or tribal customs, and seeks to reduce trauma for children by maintaining familiar connections.

For those going through divorce or custody battles, this could mean that if your children need temporary care outside of the home, there’s a stronger emphasis on keeping them with relatives or trusted family friends. This approach not only fosters stability but can also ease the emotional burden on children during tumultuous times​.

Divorce Without the Wait

Md. Code, Fam. Law § 7-103(a)(3)

Gone are the days when Maryland couples had to endure a year-long separation before getting a no-fault divorce. Under the expanded “Mutual Consent” divorce law, you can now confirm your divorce without waiting, as long as you have a written settlement contract that addresses all fundamental issues like alimony, property division, and child custody.

This modification is especially applicable to those who are able to work out the terms of their divorce amicably, either through negotiation or cooperative law. It means you can avoid the continued stress of a drawn-out separation and move forward with your life more rapidly.

Child Support and Custody Revisions

HB435 Child Support – Incarcerated Obligors

Some bills affecting child support and custody were discussed during Maryland’s 2024 legislative session, though not all were approved. However, the ongoing negotiation signs possible future changes that could influence your rights as a parent. For example, proposed bills required to establish clearer reasons for decisive child custody, including concerns like a child’s developmental needs and the relationship between the parents.

While these bills didn’t pass this session, they highlight a growing recognition of the complications complicated by custody decisions. Keeping an eye on future legislative sessions could be essential, especially if you’re inside of a custody dispute.

Domestic Violence Protections

SB439 Family Law – Victims of Domestic Violence Program – Certification, Grant Fund

For those dealing with domestic violence, Maryland has presented innovative procedures to deliver stronger support. A new certification program for domestic violence shelters and a dedicated grant fund purpose to recover the services obtainable to targets. These alterations are directed to ensure that shelters are sufficiently funded and that victims receive complete support during what is often the most vulnerable time of their lives. If domestic violence is a factor in your divorce or custody case, these improved resources could play a vital role in securing your safety and well-being​.

Guardianship and Child Support

Family Law § 12-104.1 (Effective October 1, 2024)

One significant update is the new law concerning incarcerated parents and child support necessities. Beginning October 1, 2024, parents who are detained but not sentenced will have the aptitude to regulate their child support payments. This change classifies the economic adversities that come with confinement and aims to prevent parents from falling behind on child support due to conditions outside their control.

This could be a serious concern if you or your co-parent are facing legal issues, as it offers a more concentrated approach to handling child support responsibilities during incarceration.

Maryland Divorce Grounds in October 2023

During the 2023 Legislative Session, the General Assembly passed bills eliminating limited divorce in Maryland and exchanging the grounds available for an absolute divorce. On May 16, 2023, Governor Moore signed Senate Bill 36,which was cross-filed with House Bill 14, into law. The new version of Md. Code, Family Law § 7-103 will become effective on October 1, 2023, and will apply to all divorce cases filed on or afterwards that date.

New Law Effective October 1, 2023

The innovative law organized to become effective in October eliminates the concept of incomplete divorce and changes the grounds for complete divorce. Starting in October, there will be only three grounds for absolute divorce: 6-month irreconcilable differences, and mutual consent.

1. 6-Month Separation

• Current Law: Requires a 12-month separation without cohabitation for absolute divorce.
• New Law: Reduces the separation period to 6 months and eliminates the obligation for no sharing. Couples know how to now succeed as “living separate and apart” even if they belong to in the same home, given that they have followed separate lives for at least 6 months​.

2. Irreconcilable Differences

• New Ground: This new basis for divorce does not need a specific period of separation. If one spouse trusts the marriage cannot be repaired, this ground can be used to file for divorce, irrespective of the other spouse’s belief​.

3. Mutual Consent

• Continued Ground: Mutual agreement remains a valid ground for divorce. Couples can file for divorce if they give in to a signed expenditure agreement formative all issues associated to alimony, property distribution, and child custody. The court will award the divorce if it finds the agreement to be in the best attention of any minor children involved​.

These modifications aim to make the divorce process faster and less contentious, providing more straightforward options for Maryland couples looking for to dissolve their marriages.

Contact Our Maryland Family Law Attorney

Whether you’ve impartial started the process of divorce or are deep into a custody battle, these legislative updates could suggestively impact your case. Whether you’re looking to accelerate your divorce, safeguard your children’s well-being, or regulate your child support obligations, the legal background in Maryland continues to evolve—possibly in your approval. The family law team at The Law Offices of Sandra Guzman-Salvador can help you navigate through your legal process.

We’re experienced in a wide variety of divorce and custody situations, and our Maryland family lawyers have worked all across Maryland.