Grounds for Divorce: What the Law Allows in the State of Maryland?
Divorce law in Maryland has changed significantly in recent years, reshaping how couples legally end their marriages. The state has moved away from traditional fault-based divorce and now recognizes only no-fault grounds. This shift is designed to make the process more straightforward, reduce conflict, and allow couples to focus on resolution rather than blame.
Understanding the No-Fault Divorce Framework
Since 2023, Maryland law has recognized only three grounds for absolute divorce: a six-month separation, irreconcilable differences, and mutual consent. These options reflect the state’s modern approach to ending a marriage, emphasizing fairness and efficiency rather than fault or misconduct.
A six-month separation applies when spouses have lived apart continuously for at least six months before filing. Importantly, “living apart” does not necessarily require separate residences. Couples may live under the same roof as long as they maintain separate lives—meaning they do not share finances, engage in marital relations, or act as a married couple.
Irreconcilable differences serve as a broad, no-fault ground allowing one or both spouses to state that the marriage is beyond repair. This option does not require a specific waiting period and can be pursued as soon as it becomes clear that reconciliation is not possible.
Mutual consent allows couples to dissolve their marriage by agreement, without any waiting period, provided that they have a written settlement resolving all key issues such as property division, alimony, and child custody and support. This ground is often preferred because it is typically faster, less contentious, and allows both parties to retain greater control over the outcome.
Preparing to File for Divorce in Maryland
When preparing to file, couples should first confirm that they meet the state’s residency requirement. At least one spouse must have lived in Maryland for a minimum of six months before filing for divorce. This rule ensures the court has jurisdiction to hear the case.
Next, it is essential to organize documentation related to property, income, debts, and child-related expenses. Having these records readily available allows for a more efficient and transparent process. Even when pursuing a no-fault divorce, clarity about financial and parenting arrangements helps prevent disputes and supports fair settlements.
Although Maryland law allows individuals to file on their own, many find that legal representation provides valuable guidance, particularly when addressing complex financial assets, business ownership, or parenting schedules. A knowledgeable family law attorney can help ensure that the required agreements are properly drafted and that every aspect of the case aligns with the client’s goals and the state’s legal requirements.
Frequently Asked Questions
Can misconduct like adultery or abuse still affect a divorce case?
Yes. While such behavior is no longer a legal ground for divorce, it can influence related issues such as property division, alimony, or child custody, depending on the circumstances.
How does mutual consent divorce work in Maryland?
Mutual consent allows spouses to divorce without a waiting period if they have a written agreement that resolves all major issues, including finances, property, and child-related matters.
How long does the divorce process take in Maryland?
The timeline depends on the circumstances. A mutual consent divorce can be completed relatively quickly, while cases involving separation or disputes may take several months or longer to resolve.
Annapolis Divorce Lawyers at Oliveri & Larsen Help You Get a Fresh Start
Speak with the Annapolis divorce lawyers at Oliveri & Larsen today. Contact us online or call us at 410-295-3000 to schedule your consultation with our experienced team. We are located in Annapolis, MD.