Corroborating Witness No Longer Required for Maryland Divorce

What You Need to Know When Preparing for a Divorce
January 20, 2017
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Corroborating Witness No Longer Required for Maryland Divorce

Divorce Decree 2If you are seeking a divorce in Maryland it might surprise you to learn that up until October 1, 2016 couples were required to have a corroborating witness testify as to their divorce grounds. To get a divorce based on a 12-month separation the corroborating witness would have to testify in court that the divorcing couple had not spent even one night together or resumed marital relations in those last 12 months. If they had done either of those things the couple could not get a divorce and would have to start over. One problem with the corroborating witness requirement, at least for a divorce based on a 12-month separation, was that it was impossible for a witness to truly know that a couple had been separate and apart as the witness did not have the couple under 24-hour surveillance. Section (B) of Maryland Family Law Sec. 7-101 was deleted and eliminated the requirement that a corroborating witness testify.

The change in Maryland divorce law effectively made it easier for couples to get divorced. Some argued against the change, as a matter of public policy, as it made it easier for couples to divorce and discouraged attempts at reconciliation. However, the change is consistent with Maryland’s recent efforts to make it easier to get divorced including recently adding a no-fault ground for divorce based on a just a mutual agreement between the couple resolving all their marital issues.

If you’ve got questions about divorce please call or email tleahy@byrdandbyrd.com with your questions.

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