Grounds for Divorce in Maryland

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In the state of Maryland, the grounds for which an absolute divorce is granted can be confusing and complicated. Simply stated, grounds refer to the reason(s) for the divorce and some grounds have a mandatory waiting period and other requirements while others do not.

No-Fault Grounds
When a couple files for divorce on no-fault grounds, they have either been separated voluntarily for one year or involuntarily for two years (e.g. abandonment, etc.). Both have a required waiting period before one spouse or the other can file for divorce and the couple must have been living in different places and refrained from sexual relations for the length of the waiting period. A couple who is still living under the same roof cannot file for a divorce under no-fault grounds.

Fault Grounds
There are several different fault grounds in the state of Maryland. They include adultery, cruelty of treatment, excessively vicious conduct, desertion for a minimum of one year, conviction of a crime and a subsequent jail sentence of three or more years, and permanent and incurable insanity. Given their nature, adultery, cruelty and excessively vicious conduct do not have a waiting period before an individual can file a complaint. In addition, a couple may be living under the same roof and file divorce based on those fault grounds as well as desertion.

If you are considering a divorce, speak with an experienced Maryland divorce lawyer to find out all your options and determine the grounds under which you will file for divorce.