More News

A state lawmaker from Rockville is pushing Maryland to take a modern approach to its divorce laws by proposing to update one that he calls "archaic," while also reducing the economic burden on the couple.

If couples seeking an uncontested divorce do not have a sexual relationship for one year, they should not be forced to also live separately during that time, said Del. Luiz R.S. Simmons (D-Dist. 17).

"The only thing this bill does is eliminate the requirement that you must establish separate residences," he said. "You can live under the same roof so long as you live separate lives and don't have sexual relations."

The idea is to save the expense of having to find housing for a year, which could amount to tens of thousands of dollars, Simmons said.

House Bill 336, which is co-sponsored by Del. Benjamin F. Kramer (D-Dist. 19) of Derwood, would update Maryland law that requires both separate housing and no sexual relations for a year in order to qualify for an uncontested divorce.

"Under this bill it would be like the government being able to write a check for those people for $20,000," Simmons said.

The bill was introduced in the House last week. Sen. Robert A. Zirkin (D-Dist. 11) of Owings Mills has introduced companion legislation in the State Senate, Simmons said.

"In my opinion, Maryland has archaic divorce laws that are designed to make getting a divorce very difficult," he said.

Zirkin agreed, saying most people who have been through a divorce in Maryland can attest to how difficult the process is. He added that he thinks the government should have much less involvement in divorces altogether.

"I don't think the state should have any interest at all in where people live or what people do," he said. "Especially in these economic times, people are unable to get a divorce because they don't have money, and that's preposterous."

Several sections of Maryland divorce law are "arcane," Zirkin said.

The bill is a modest change that Simmons said he hopes will lead to more comprehensive reforms.

As a lawyer in family practice for more than 30 years, Simmons said he has been aware of the issue for years and has wanted to do something to help.

"I hope to introduce a little more sanity in Maryland divorce laws," he said.