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TheDailyRecord.com/Maryland-Family-Law
May 2015 Vol. XXVII, No. 5
‘A step in
the right
direction’
There are sweeping
changes to Maryland’s
divorce law, but
some say more
needs to be done
Page 4-6
Tydings & Rosenberg
LLP family law attorney
Ferrier R. Stillman
TheDailyRecord.com/Maryland-Family-Law
May 2015 Vol. XXVII, No. 5
‘A step in the right direction’
But one veteran family law practitioner says new divorce law doesn’t go far enough
By Steve Lash
[email protected]
F
amily law attorney Ferrier R.
Stillman says a new law permitting many married couples to
divorce via settlement beginning
Oct. 1 without having to wait a year is
“very good but it doesn’t go far enough.”
Stillman objects to the law’s provision stating that couples cannot divorce
on the “grounds of mutual consent” if
they have minor children, but must satisfy Maryland’s long-standing requirement of being separated for at least 12
months.
“Making parents wait much longer to
get a divorce doesn’t particularly help
children,” says Stillman, of Tydings &
Rosenberg LLP in Baltimore. “For children, having to wait is often harder
emotionally than it is on adults. Young
children don’t have any sense of time. A
year can be an eternity to them.”
Stillman’s position sets her apart
from other family law attorneys who say
the one-year separation requirement is
needed when children are involved as
that time permits a court to ensure their
best interests are protected [see story].
“I can see that [viewpoint] but I think
that’s outweighed by two factors,” Stillman said. “One, the general legal principle that parents know what’s best for
their children rather than the courts or
other third parties and, two, the waiting
period is harder for the kids.”
Stillman said she finds it odd the General Assembly has carved out an exception from divorce by mutual consent for
parents who could agree -- as part of their
settlement -- on what they believe is best
for their minor children. She noted that
Maryland law otherwise gives parents
largely unimpeded authority to decide
what is best for their children, including
MAXIMILIAN FRANZ
‘The law sounds a little better than it actually is,’ says family law attorney Ferrier R. Stillman. ‘It’s
not a free pass. It’s not really a quickie divorce. It just provides for a quicker divorce once the
parties have settled.’
the decision to prevent visitation by their
grandparents.
“Why isn’t that the law here?” she
said, referring to the new statute.
“Don’t get me wrong,” she added. “I
think this [new law] is a step in the right
direction and hope it goes further.”
As originally proposed, Senate Bill
472 would have permitted all married
couples to divorce via settlement without having to wait the year.
However, the bill was amended in the
House of Delegates in the waning days of
the General Assembly session by legislators concerned that the best interests of
the children would not receive adequate
consideration in the divorce-by-settlement process.
Stillman says the new divorce by settlement will not have “a big impact” on
the practice of family law, nor will it lead
to any Las Vegasification of Maryland by
making it a haven for childless couples
seeking a quickie divorce.
“Unlike a Vegas divorce, the parties
still have to resolve all of the financial
issues between them” as part of the settlement, Stillman says.
“The law sounds a little better than
it actually is,” she added. “It’s not a free
pass. It’s not really a quickie divorce. It
just provides for a quicker divorce once
the parties have settled.”
Another benefit of the new law could
be a reduction in the vitriol often seen
during divorce litigation. Stillman said.
“The more time people have in litigation, the more acrimony there is, she
said. “Reducing the time parties are in
litigation may reduce some of the acrimony.”