Rockville Divorce Lawyer

Grounds for Divorce in Maryland

The state of Maryland provides what is referred to as “absolute” divorce based on the following grounds.

No-Fault Divorce

• Irreconcilable differences: Demonstrating that the marriage is irretrievably broken.
• Mutual consent: Granted when both parties sign a written settlement agreement covering property division, alimony, child custody, and child support. No separation period is required. 
• Six-month separation: The spouses have lived separately and apart without cohabitation for six consecutive months before filing.

Fault-Based Divorce

• Adultery: Proven infidelity by one spouse. Direct evidence is not required—circumstantial evidence can suffice.
• Desertion: 
  • Actual desertion -- one spouse abandons the other without justification for 12 months. 
  • Constructive desertion -- One spouse’s behavior makes it impossible to continue the marriage safely or reasonably.
• Cruelty of treatment and excessively vicious conduct: Physical or emotional abuse endangering the life, safety, or health of the spouse or minor child.
• Conviction of a crime: A spouse is sentenced to three or more years in prison and has served at least 12 months of the sentence.
• Insanity: The spouse has been confined to a mental institution for at least three years before filing. Two physicians must testify that the condition is permanent and incurable.

No-fault divorce is the most common type filed in Maryland. It is generally faster and less costly because you do not have to prove marital misconduct or go through extended court proceedings.