Maryland’s No-Fault Divorce Law: What the 2023 Changes Mean for You

Key Takeaways

• Maryland changed its divorce law on October 1, 2023, eliminating limited divorce and several former fault-based grounds.
• The current grounds for divorce in Maryland are six-month separation, irreconcilable differences, and mutual consent.
• Adultery and cruelty are no longer grounds for obtaining a divorce, but marital conduct may still affect alimony and property decisions.
• A no-fault ground can simplify how a marriage is legally ended, but disputed financial, custody, and property issues can still make a case lengthy.

Maryland significantly changed its divorce laws on October 1, 2023. Today, a spouse does not need to prove adultery, cruelty, desertion, or another form of wrongdoing to obtain an absolute divorce. Instead, Maryland’s no-fault divorce law provides three grounds for ending a marriage, including a new irreconcilable-differences ground.

What Changed on October 1, 2023?

House Bill 14, enacted as Chapter 646 of Maryland’s 2023 laws, changed the state’s divorce framework by (1) eliminating limited divorce and (2) removing the former grounds of adultery, desertion, criminal conviction, insanity, cruelty, excessively vicious conduct, and 12-month separation as grounds for absolute divorce.

Maryland now has one type of divorce: absolute divorce. The change also shortened the separation period used as a divorce ground from 12 months to six months.

What Are the Three Grounds Now?

Under Maryland law, the three current grounds are as follows:

• Six-month separation: The spouses have lived separate and apart for at least six uninterrupted months before filing.
• Irreconcilable differences: One spouse states reasons why the marriage should permanently end.
• Mutual consent: Both spouses agree to divorce and submit a signed settlement agreement resolving required issues involving property, alimony, and, when applicable, children.

The six-month separation rule is broader than many people realize, as spouses may qualify even while residing under the same roof if they have pursued separate lives. Separation required by a court order can also count.

The law also expressly recognizes irreconcilable differences in Maryland, allowing a spouse to pursue divorce based on a marital breakdown that cannot be resolved.

Is Fault, Such as Adultery or Cruelty, Still Relevant?

Yes, potentially. Adultery and cruelty no longer have to be established as grounds for obtaining the divorce itself. However, conduct during the marriage has not necessarily become irrelevant.

When determining alimony, Maryland courts consider several statutory factors, including the circumstances that contributed to the spouses’ estrangement. Courts consider that same factor when making certain decisions involving marital property and monetary awards.

As a result, evidence concerning adultery, cruelty, financial misconduct, or other behavior may still matter, depending on the issues being decided.

Does No-Fault Make Divorce Faster?

It can remove some barriers, but it does not mean every divorce will move quickly.

A spouse relying on irreconcilable differences does not have to complete a six-month separation first. Someone relying on separation must satisfy the six-month requirement before filing on that ground.

The overall timeline can still depend on service of court papers, negotiations, discovery, court scheduling, and disputes over child custody, alimony, child support, or marital property.

How Does This Affect a Contested Case?

A contested divorce can still involve significant litigation. The difference is that spouses generally do not need to devote the case to proving fault simply to establish a legal basis for ending the marriage.

For example, Maryland Courts explains that irreconcilable differences may apply when either spouse believes the marriage should end for reasons that cannot be resolved. The other spouse may still dispute financial terms, parenting arrangements, property division, or support.

Frequently Asked Questions

Do I have to prove my spouse did something wrong to get divorced in Maryland?

No. Maryland’s current grounds do not require proof of adultery, cruelty, or another traditional fault ground.

Can we be separated while living in the same house?

Yes. Maryland law provides that spouses may be considered separate and apart while under the same roof if they are pursuing separate lives.

Can my spouse prevent me from getting divorced by refusing to agree?

Mutual consent requires agreement, but it is not the only available ground. A spouse may potentially proceed based on irreconcilable differences or a qualifying six-month separation even when the parties disagree about other issues.

Maryland Divorce Lawyers at Oliveri & Larsen Provide Experienced Guidance

Understanding which ground applies is only one part of preparing for divorce; property, support, custody, and financial planning can all also play a part. If you need experienced legal help for your separation or divorce, call the compassionate and trusted Maryland divorce lawyers at Oliveri & Larsen. Call us at 410-295-3000 or contact us online to schedule a consultation. We have offices in Annapolis, Maryland, and serve clients in the surrounding areas.