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Annotated Code of Maryland Copyright 2011 by Matthew Bender and Company, Inc., a member of the LexisNexis Group All rights reserved. *** Current through chapters of the 2011 Regular Session of the General Assembly that took effect through May 19, 2011 *** *** Annotations through April 29, 2011 *** FAMILY LAW TITLE 7. DIVORCE Md. FAMILY LAW Code Ann. 7-101 (2011) 7-101. General provisions (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. HISTORY: CJ 10-901; An. Code 1957, art. 16, 30; 1984, ch. 296, 2.

Md. FAMILY LAW Code Ann. 7-102 (2011) 7-102. Limited 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. HISTORY: An. Code 1957, art. 16, 25; 1984, ch. 296, 2; ch. 371.

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Md. FAMILY LAW Code Ann. 7-103 (2011) 7-103. Absolute 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. HISTORY: An. Code 1957, art. 16, 24, 26, 31; 1984, ch. 296, 2; ch. 371; 1998, chs. 349, 350; 2003, ch. 419.

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Md. FAMILY LAW Code Ann. 7-103.1 (2011) 7-103.1. Protective orders (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. HISTORY: 1992, ch. 65.

Md. FAMILY LAW Code Ann. 7-103.2 (2011) 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. HISTORY: 1997, ch. 323.

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Md. FAMILY LAW Code Ann. 7-104 (2011) 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. HISTORY: An. Code 1957, art. 16, 26B; 1984, ch. 296, 2.

Md. FAMILY LAW Code Ann. 7-105 (2011) 7-105. Restoration of former name 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. HISTORY: An. Code 1957, art. 16, 32; 1984, ch. 296, 2.

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Md. FAMILY LAW Code Ann. 7-106 (2011) 7-106. Record of divorce decrees 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. HISTORY: An. Code 1957, art. 17, 34; 1984, ch. 296, 2; 1995, ch. 155.

Md. FAMILY LAW Code Ann. 7-107 (2011) 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. HISTORY: 1999, ch. 391.