Vincent M. Wills, a partner of the firm, recently completed his year long term (2014-2015) as chair of the Family and Juvenile Law Section for the Maryland State Bar Association. During his time as president, Mr. Wills was involved in planning Continuing Legal Education seminars to be offered by the Section, the 2014-2015 legislative session and the planning for a new initiative called “Family Law for the Public.” Mr. Wills wrapped up his year as president by speaking to the Family and Juvenile Law Section for the Maryland State Bar Association at the annual bar convention in Ocean City, MD.
In the 2015 legislative session, the Maryland General Assembly passed a bill that allows for divorce based upon Mutual Consent. This new law goes into effect October 1, 2015.
The Mutual Consent ground for divorce allows parties to file for and obtain a divorce if:
- the spouses have no minor children in common (so, none born or adopted during the marriage),
- there is a written settlement agreement signed by both spouses,
- the parties submit the agreement to the court,
- the agreement resolves alimony and the distribution of property, including any monetary award and use and possession of any property,
- neither spouses files a request to set aside the settlement agreement prior to the divorce hearing; and,
- both parties appear in court at the absolute divorce hearing.
The Mutual Consent ground for divorce does not require the parties to separate or to end marital relations.
Maryland Legislator, Legal Advocates Hail Attorney General Opinion Clarifying Law on Adultery and Divorce in Era of Marriage Equality for Same-Sex Couples
(Baltimore, August 13, 2015) – Maryland advocates in the areas of family law and lesbian, gay, bisexual, and transgender (LGBT) rights welcomed a formal opinion of the state’s Attorney General, Brian E. Frosh, which concludes that sexual intimacy between a married person and a person who is not their spouse qualifies as adultery, for purposes of Maryland divorce law, regardless of the gender of the parties.