Important Legal Developments in Maryland Family Law
Family law is a broad body of law that encompasses marriage, divorce, alimony, child custody, child support, and other areas of the law that affect familial relationships. In 2024, the Maryland legislature enacted several significant laws affecting families. Most of the new laws took effect on October 1, 2024.
A number of bills affecting child support and custody were discussed during Maryland’s 2024 legislative session; however, ultimately, they were not approved. Still, ongoing discussions in the Maryland State House signal possible future changes that could influence your rights as a parent and highlight a growing recognition of the complicated nature of custody decisions.
Kinship Care Act
The Kinship Care Act took effect on October 1, 2024. As of that date, Maryland embraced a “kin-first” approach in child welfare cases. Specifically, this law prioritizes placing children with relatives or close family friends when they need out-of-home care. This shift seeks to reduce trauma for children who must be temporarily relocated outside of their homes by maintaining family connections. If you’re going through divorce or child custody negotiations, there’s a stronger emphasis on keeping children with relatives or trusted family friends. This approach not only fosters stability but can also ease the emotional burden on children during tumultuous times. Under Maryland law, a kinship caregiver is:
- An individual who is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice;
- An individual who is unrelated to the child but has a strong familial or significant bond with the child; or
- A person identified by the child’s parent.
If the Maryland Department of Social Services cannot locate a kinship caregiver at initial placement, the Department shall give preference to a placement that considers:
- Proximity to the child’s home, extended family and siblings;
- The child’s culture or language continuity;
- The child’s age, and
- The child’s developmental and educational needs.
This law recognizes the diversity of modern family relationships and the critical contributions of community and culture to a child’s well-being. The new approach recognizes that families maintain a variety of extended, healthy, cultural and community bonds that support a child’s well-being and is based on evidence that children are better off when placed in those relationships than in institutional settings or with non-relatives.
Guardianship and Child Support
A significant update regarding incarcerated parents and child support also took effect on October 1, 2024. Under Maryland law, incarceration is now viewed as a material change of circumstances for a parent who is required to pay child support. An incarcerated parent can file for a modification of child support, provided that the party’s ability to pay child support is significantly reduced due to the incarceration. The purpose of this change is to keep parents from falling behind on child support due to conditions outside their control.
Domestic Violence Protections
For a spouse dealing with the unfortunate reality of domestic violence, Maryland has enacted a new certification program for domestic violence shelters and created a dedicated grant fund to ensure that shelters are adequately 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.
New Maryland Divorce Law
Though Maryland’s new divorce provisions took effect on October 1, 2023, they are worth mentioning here, given the wide-ranging significance of these changes to many residents of Maryland. Before October 2023, Maryland law provided two separate types of divorce: limited divorce (also known as legal separation) and absolute divorce. A limited divorce provided temporary relief for settling matters such as child custody, child support, alimony, and there were also provisions made for someone who did not satisfy the grounds for absolute divorce. A limited divorce could be revoked at any time if both spouses requested it to the court. However, with the new legislation that came into effect on Oct. 1, 2023, limited divorce has been eliminated as an option for couples seeking divorce.
Before October 1, 2023, the grounds for absolute divorce were categorized as either “fault” or “no-fault.” Under “no-fault” grounds, mutual consent was required to be given by both parties and accompanied by a 12-month separation period during which the couple had to live apart without interruption. “Fault” grounds for divorce included reasons such as adultery, desertion, excessively vicious conduct, and others.
These grounds have now been replaced with the following three no-fault grounds:
Six-Month Separation – In a six-month separation, either the spouses separate and move into different residences for a period of at least six months without interruption, or the spouses still live in the same residence but live completely separate lives. This can mean, among other things, that they reside in different bedrooms, do not share mealtimes, and maintain individual bank accounts. Living in the same residence has become more common due to financial hardship, and this acknowledgment by the Maryland legislature has eased some of the financial burden imposed by the former divorce law.
Irreconcilable Differences – Whichever spouse initiates the divorce will be the spouse who sets forth reasons why the marriage should end. Irreconcilable differences can include differences in values and beliefs, emotional and intimate disconnection, financial disagreements, and other conflicts that the parties believe they will never be able to resolve.
Mutual Consent – Under the ground of Mutual Consent, both spouses work together to produce and sign a written settlement agreement that resolves all issues of alimony, distribution of property, custody, and child support. A marital settlement agreement leaves no issues for the court to decide because the spouses have resolved everything through the written settlement agreement.
Contact the Law Offices of Brandon Bernstein, LLC
Finding a knowledgeable, strategic, and empathetic family lawyer can be difficult, but you can count on us to always have your best interests in mind. We’ll do our best to get you the results that you’ve been seeking and to make progress as quickly as possible on your behalf. Contact us for a free legal consultation today.