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Maryland couples could file for divorce while living under the same roof under legislation heard in the House of Delegates Thursday.
鈥淭he concern is for individuals who cannot afford to live separate and apart, but to help them get on with their lives,鈥� said Del. Vanessa E. Atterbeary (D-Howard), who sponsored the bill and is vice-chair of the House Judiciary Committee.
Maryland law now requires residents seeking a divorce to live separately and undergo 鈥渟eparation of affection鈥� or lack of sexual intimacy, for a year before filing.
The bill would still require a year鈥檚 鈥渟eparation of affection,鈥� but would allow people to live in the same home.
Atterbeary proposed the change during the 2019 session where it passed in the House but did not make it through the Senate. She noted former Del. Luiz R.S. Simmons (D-Montgomery) and now-Sen. Benjamin F. Kramer (D-Montgomery) also proposed the change a decade ago.
Legal Director of the Women鈥檚 Law Center of Maryland Laurence Ruth said that she hears frequent complaints about the current statute from thousands of people who call the Center鈥檚 Family Law Hotline seeking a divorce, but who are unable to file for one because of their living situation or finances.
The bill is for people who don鈥檛 want to be together but can鈥檛 afford to live apart, Ruth said.
During the hearing Ruth often pointed to Ricketts v. Ricketts, a court case from the early 2000s in which a husband was granted a 鈥渓imited divorce鈥� 鈥� Maryland鈥檚 version of a legal separation 鈥� on the basis of desertion after he had lived in the basement of his family鈥檚 home, away from his wife, for a number of years.
鈥淚 think this is the extension of that case,鈥� she said.
Committee members asked frequently about the problem of providing evidence that cohabitants are not having sex.
鈥淗ow do you prove a separation of affections and that a person hasn鈥檛 engaged in sexual relations?鈥� Del. Robert L. Grammer Jr (R-Baltimore County) asked. 鈥淗ow does that play out?鈥�
Because 鈥渟eparation of affections鈥� is already a factor in divorce cases in Maryland, the burden of proving that would not change, Ruth said. Determining whether that requirement has been met is at the discretion of the judge.
Neighboring Delaware and Washington, D.C., already allow individuals to continue living in the same home while they seek a divorce.
鈥淚n fact, it鈥檚 six months in D.C.,鈥� said Atterbeary, 鈥渂ut I think the will of this body has been one year.鈥�
鈥淚 frankly would go for the six months,鈥� said Ruth, 鈥渂ut I agree with Madam Vice-Chair that Annapolis tends to take baby-er steps that I would like to see.鈥�
A representative of the Maryland State Bar Association Family and Juvenile Law section, Moges Abebe, testified in opposition to the bill, recommending that lawmakers instead establish a workgroup.
鈥淥ur view of this is that we鈥檙e not actually in principle against creating some pathway to divorce that does not require a physical separation of the parties,鈥� said Abebe. 鈥淲e鈥檙e not against that, but we鈥檙e saying is this is the wrong way to go about it.鈥�
Abebe cited a number of issues with the bill, including its language, the guesswork that judges would have to do to determine that parties are no longer sexually intimate and the elimination of separation as a grounds for divorce 鈥� which he said is the most frequent way that his clients file.
鈥淭he removal of that twelve months ground by this is extremely problematic,鈥� he said.
Abebe also brought up that people would be able to file for divorce because of their spouse鈥檚 inability to have sex due to a medical condition, a concern Del. Ronald L. Watson (D-Prince George鈥檚) also raised.
Watson said he was 鈥渃hallenged鈥� by the bill when it was presented last year and he questioned the panel about those terms.
鈥淪o someone has undergone some kind of serious accident and can along no longer perform the act of sex. The spouse can just get up one day after years and say 鈥業鈥檓 done with it.鈥� Right?,鈥� Watson asked.
鈥淵eah,鈥� said Ruth. 鈥淭hey can do that now.鈥�
鈥淭hat鈥檚 the silliest thing I鈥檝e ever heard,鈥� he said.
Other recognized grounds for divorce in Maryland include:
- Infidelity
- Insanity
- Abuse
- 鈥淒esertion,鈥� or when one spouse leaves the other for an indefinite period of time with no intention to reconcile
- Conviction of a crime if one partner has been sentenced to at least three years in prison
鈥淢utual consent,鈥� providing that the parties submit a number of documents that would settle disputes surrounding things like alimony and child custody.
