Q&A:
Does the ground for divorce, “Irreconcilable Differences” mean that my spouse’s bad acts no longer matter anymore in Maryland?
In Maryland, the grounds for divorce have evolved to reflect our changing society. Specifically, in 2023, Maryland revised the grounds for divorce to include “irreconcilable differences” and was seen as part of Maryland’s shift towards ‘no-fault divorce’. With more than a year having passed since the change, it is worthwhile to discuss reactions to irreconcilable differences, including whether there is a net benefit to the parties involved in a divorce.
First, what is the ground, ‘Irreconcilable Differences’?
For years, we have heard about ‘Irreconcilable differences’ related to high profile divorces, usually involved celebrities. The ground for divorce refers to significant issues or conflicts between spouses that cannot be resolved, which leads to the breakdown of the marriage. Notably, these differences can stem from various factors, such as infidelity, cruel treatment, or simply fundamental disagreements that make it impossible for the couple to continue living together as a married couple. But importantly, the law does not require to find that infidelity or cruel treatment occurred, but rather that differences arose between the spouses that are irreconcilable and therefore, the marriage must end.
So, How Does It Work?
To file for divorce based on irreconcilable differences, one or both spouses must believe that the marriage should end due to unresolved conflicts. Unlike the fault-based grounds of old, there is no need to prove wrongdoing by the offending spouse. The concept by lawmakers was to make the process simpler and quicker and only focus on the fact that the marriage is no longer viable rather than on assigning blame.
What is required to file based on ‘Irreconcilable Difference’?
To successfully file for divorce on the grounds of irreconcilable differences in Maryland, the spouse asking for the divorce must be a resident of Maryland for at least six months prior to filing the complaint, you must identify that you are filing based on irreconcilable differences, and you must briefly identify what those irreconcilable differences are.
Does this mean that my spouses bad acts are irrelevant now?
One common question that arises in this new world of ‘irreconcilable differences’ is whether or not a spouse’s prior bad acts are irrelevant if proving the acts is no longer necessary. While it is true that there is no longer a requirement to prove that (for instance) adultery occurred, that does not mean that the adultery is rendered irrelevant. In fact, Maryland still considers spousal conduct as a relevant consideration when deciding alimony or property distribution.
As the ‘victim-spouse’, how do ‘Irreconcilable Differences’ help me?
Going through a divorce is an extremely emotionally taxing experience that is surpassed only by having lived through the reason for the divorce in the first place. For many, having a court find that their spouse is ‘to blame’ is often more important than the monetary outcome. While transitioning away from fault-based divorce does mean transitioning away from the focus of ‘blame’, irreconcilable differences can provide an easier path for a victim-spouse to exit a difficult or harmful relationship without the burden to relive the trauma that caused the divorce in the first place. Additionally, irreconcilable differences can lead to a quicker divorce by way of focusing on how to resolve issues related to alimony, custody, and property division as opposed to proving fault.
Ultimately, transitioning to ‘irreconcilable differences’ allows for spouses to focus on formally ending their relationship as opposed to focusing on what caused the end of their relationship. It is this nuanced paradigm shift that aims to reduce fees and litigation time and allow for the emotional recovery stage to begin quicker. If you want to talk about how irreconcilable differences can impact your case, contact Christopher R. Castellano.
