New laws concerning absolute divorces and pet protection orders in domestic violence cases in Maryland (Senate Bill 139; House Bill 402), became effective on October 1, 2011. A summary of the new laws are as follows:

Absolute Divorce (Senate Bill 139 and House Bill 402)

Previously, the no-fault grounds for divorce in Maryland required a 1-year separation that was “mutual and voluntary” or a 2-year involuntary separation. The new law eliminates the voluntary separation ground and replaces it with an involuntary separation grounds with a corresponding 1-year separation period. Therefore, the party seeking a divorce in Maryland no longer has to prove the separation was mutual and voluntary, but only that it was, in fact, a separation for at least one year. Maryland law, however, does require that the parties live in separate houses and refrain from engaging in sexual relations for the entire 1-year separation period.

Pet Protection Orders in Domestic Violence Cases (House Bill 407)

The new law authorizes District Court Commissioners, in an interim protective order, or judges, in a temporary or final protective order, to award temporary possession of a pet belonging to either the respondent (the person alleged to have committed the abuse) or the person eligible for relief (the current or former spouse of the respondent, a cohabitant of the respondent, or a person related to the respondent by blood, marriage, or adoption).

Please contact the attorneys at Patel & Williams, PLLC, to discuss your family law needs.