(a) Residence requirement.- If the grounds for the divorce occurred outside of this State, a party may not apply for a divorce unless 1 of the parties has resided in this State for at least 1 year before the application is filed.
(b) Corroboration of testimony required.- A court may not enter a decree of divorce on the uncorroborated testimony of the party who is seeking the divorce.
(a) Grounds for limited divorce.- The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.
(b) Attempts at reconciliation.- As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.
(c) Time during which decree is effective.- The court may decree a divorce under this section for a limited time or for an indefinite time.
(d) Revocation of decree.- The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
(e) Decree of limited divorce on prayer for absolute divorce.- If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
(a) Grounds for absolute divorce.- The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) voluntary separation, if:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation;
(4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
(6) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
(b) Recrimination.- Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (8) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.
(c) Res judicata.- Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 2-year separation.
(d) Condonation.- Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.
(e) Effect of limited divorce on application for absolute divorce.-
(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.
(a) Inadmissible evidence.- An order or decision in a proceeding under Title 4, Subtitle 5 of this article is inadmissible as evidence in a proceeding under this title.
(b) Compliance not grounds.- In a proceeding under this title, a court may not consider compliance with an order issued under Title 4, Subtitle 5 of this article as grounds for granting a decree of limited or absolute divorce.
[1992, ch. 65.]
§ 7-103.2. Child support and custody educational seminar.
(a) Applicability.- This section applies to an action for divorce in which issues of child support, custody, or visitation are raised.
(b) Participation by all parties.- Prior to granting a decree of divorce, the court may require all parties to participate in an educational seminar that is designed to educate parents about the effects, and to minimize the disruption, of a divorce on the lives of children.
(c) Rules.-
(1) The Court of Appeals shall adopt rules to implement this section.
(2) Rules adopted in accordance with this subsection shall:
(i) provide for the content of the seminar required under this section;
(ii) require successful completion of the seminar by all parties to the action within a certain time after the service of the original complaint upon the defendant;
(iii) establish sanctions for failure to successfully complete the seminar required under this section;
(iv) for purposes of funding the cost of the seminar, establish a fee that:
1. shall be assessed as costs; and
2. may be waived under appropriate circumstances; and
(v) establish criteria for exemption from the requirement that the parties participate in an educational seminar, except that a court may not exempt the parties from attending the educational seminar if there is any evidence of domestic violence or child abuse or neglect.
(d) Contract to provide seminar.- The seminar required under this section may be provided under contract with a public or private agency.
(e) Seminar proceedings inadmissible in divorce proceedings.- Unless the parties stipulate otherwise, any information about a party, including statements or reports, obtained from an educational seminar required by this section, is not admissible during the action for divorce of that party.
(f) Attendance.- This section may not be construed to require the parties to an action for divorce to attend the educational seminar together.
[1997, ch. 323.]
§ 7-104. Offer or refusal of reconciliation.
(a) Offer or attempt.- In and of itself neither of the following is a defense to or a bar to a divorce:
(1) an unaccepted offer of reconciliation by a spouse; or
(2) a rejected attempt at reconciliation by a spouse.
(b) Refusal or rejection.- In and of itself neither of the following is a defense to, a bar to, or a ground for a divorce:
(1) the refusal of a spouse to accept an offer of reconciliation made by the other spouse; or
(2) the rejection by a spouse of an attempt at reconciliation made by the other spouse.
In granting a decree of absolute divorce, the court shall change the name of a party to either the name given the party at birth or any other former name the party wishes to use if:
(1) the party took a new name on marriage and no longer wishes to use it;
(2) the party asks for the change of name; and
(3) the purpose of the party is not illegal, fraudulent, or immoral.
The clerk of the circuit court for each county shall record all final decrees in proceedings for divorce in that county and keep the record readily accessible in some permanent form.
§ 7-107. Award of reasonable and necessary expenses.
(a) Definition.- In this section, "reasonable and necessary expense" includes:
(1) suit money;
(2) counsel fees; and
(3) costs.
(b) Award authorized.- At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c) Considerations by court.- Before ordering the payment, the court shall consider:
(1) the financial resources and financial needs of both parties; and
(2) whether there was substantial justification for prosecuting or defending the proceeding.
(d) Lack of substantial justification and good cause.- Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e) Reimbursement.- The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
(f) Counsel fees.- As to any amount awarded for counsel fees, the court may:
(1) order that the amount awarded be paid directly to the lawyer; and
(2) enter judgment in favor of the lawyer.
[1999, ch. 391.]
Child Custody
§ 9-101. Denial of custody or visitation on basis of likely abuse or neglect.
(a) Determination by court.- In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party.
(b) Specific finding required.- Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.
(a) Definition.- In this section, "abuse" has the meaning stated in § 4-501 of this article.
(b) Evidence of abuse against certain individuals.- In a custody or visitation proceeding, the court shall consider, when deciding custody or visitation issues, evidence of abuse by a party against:
(1) the other parent of the party's child;
(2) the party's spouse; or
(3) any child residing within the party's household, including a child other than the child who is the subject of the custody or visitation proceeding.
(c) Protection of child and victim.- If the court finds that a party has committed abuse against the other parent of the party's child, the party's spouse, or any child residing within the party's household, the court shall make arrangements for custody or visitation that best protect:
(1) the child who is the subject of the proceeding; and
(2) the victim of the abuse.
[1991, ch. 98; 1995, ch. 12; 2006, ch. 112.]
§ 9-101.2. Parent convicted of murder of certain persons.
(a) Custody not permitted in general.- Except as provided in subsection (b) of this section, unless good cause for the award of custody or visitation is shown by clear and convincing evidence, a court may not award custody of a child or visitation with a child:
(1) to a parent who has been found by a court of this State to be guilty of first degree or second degree murder of the other parent of the child, another child of the parent, or any family member residing in the household of either parent of the child; or
(2) to a parent who has been found by a court of any state or of the United States to be guilty of a crime that, if committed in this State, would be first degree murder or second degree murder of the other parent of the child, another child of the parent, or any family member residing in the household of either parent of the child.
(b) Supervised visitation - When permitted.- If it is in the best interest of the child, the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.
[2006, ch. 112.]
§ 9-102. Petition by grandparents for visitation.
An equity court may:
(1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
(2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.
(a) Petition by child.- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.
(b) Guardian or next friend not required.- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.
(c) Hearing required; amendment of custody order or decree.- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court:
(1) shall hold a hearing; and
(2) may amend the order or decree and place the child in the custody of the parent designated by the child.
§ 9-104. Access to medical, dental, and educational records by noncustodial parent.
Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.
[1987, ch. 337.]
§ 9-105. Unjustifiable denial or interference with visitation granted by order.
In any custody or visitation proceeding, if the court determines that a party to a custody or visitation order has unjustifiably denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy available to the court and in a manner consistent with the best interests of the child, take any or all of the following actions:
(1) order that the visitation be rescheduled;
(2) modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order; or
(3) assess costs or counsel fees against the party who has unjustifiably denied or interfered with visitation rights.
[1994, ch. 610.]
§ 9-106. Notification prior to relocation of child.
(a) In general.-
(1) Except as provided in subsection (b) of this section, in any custody or visitation proceeding the court may include as a condition of a custody or visitation order a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, of the intent to relocate the permanent residence of the party or the child either within or outside the State.
(2) The court may prescribe the form and content of the notice requirement.
(3) If the court orders that notice be given to the other party, a mailing of the notice by certified mail, return receipt requested, to the last known address of the other party shall be deemed sufficient to comply with the notice requirement.
(4) If either party files a petition regarding a proposed relocation within 20 days of the written notice of the relocation required by paragraph (1) of this subsection, the court shall set a hearing on the petition on an expedited basis.
(b) Waiver.- On a showing that notice would expose the child or either party to abuse as defined in § 4-501 of this article or for any other good cause the court shall waive the notice required by this section.
(c) Violations - Defenses.- If either party is required to relocate in less than the 90-day period specified in the notice requirement, the court may consider as a defense to any action brought for a violation of the notice requirement that:
(1) relocation was necessary due to financial or other extenuating circumstances; and
(2) the required notice was given within a reasonable time after learning of the necessity to relocate.
(d) Violations - Effect.- The court may consider any violation of the notice requirement as a factor in determining the merits of any subsequent proceeding involving custody or visitation.
[1995, ch. 232; 2009, ch. 531.]
§ 9-107. Relevancy of disability in custody or visitation proceeding.
(a) (1) "Disability" defined.- In this section, "disability" means:
(i) a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy;
(ii) a mental impairment or deficiency;
(iii) a record of having a physical or mental impairment as defined under this subsection; or
(iv) being regarded as having a physical or mental impairment as defined under this subsection.
(2) "Disability" includes:
(i) any degree of paralysis or amputation;
(ii) blindness or visual impairment;
(iii) deafness or hearing impairment;
(iv) muteness or speech impediment;
(v) physical reliance on a service animal or a wheelchair or other remedial appliance or device; and
(vi) intellectual disability, as defined in § 7-101 of the Health - General Article, and any other mental impairment or deficiency that may have necessitated remedial or special education and related services.
(b) Extent.- In any custody or visitation proceeding, a disability of a party is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child.
[2009, chs. 567, 568.]
§ 9-108. Custody or visitation order based on deployment of a parent.
(a) "Deployment" defined.- In this section:
(1) "deployment" means compliance with military orders received by a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other Reserve component to report for combat operations or other active service for which the member is required to report unaccompanied by any family member or that is classified by the member's branch as remote; and
(2) "deployment" does not include National Guard or Reserve annual training, inactive duty days, or drill weekends.
(b) Specific reference of deployment in order.- Any order or modification of an existing child custody or visitation order issued by a court during a term of a deployment of a parent shall specifically reference the deployment of the parent.
(c) Specific reference to end of deployment in petition; hearing.-
(1) A parent who petitions the court for an order or modification of an existing child custody or visitation order after returning from a deployment shall specifically reference the date of the end of the deployment in the petition.
(2) (i) If the petition under paragraph (1) of this subsection is filed within 30 days after the end of the deployment of the parent, the court shall set a hearing on the petition on an expedited basis.
(ii) If the court finds that extenuating circumstances prohibited the filing of the petition within 30 days after the end of the deployment of the parent, the court may set a hearing on the petition on an expedited basis whenever the petition is filed.
(d) Other requirements of order.- Any custody or visitation order issued based on the deployment of a parent shall require that:
(1) the other parent reasonably accommodate the leave schedule of the parent who is subject to the deployment;
(2) the other parent facilitate opportunities for telephone and electronic mail contact between the parent who is subject to the deployment and the child during the period of deployment; and
(3) the parent who is subject to the deployment provide timely information regarding the parent's leave schedule to the other parent.
[2009, ch. 672.]
Make sure to consult a lawyer or your state legislature for any changes to the law.
