The Maryland Annotated Code sets forth three grounds for divorce: six-month separation, irreconcilable differences, and mutual consent. Each ground is fact and case specific and/or depends on whether the parties have reached a mutual agreement.
The Three Grounds for Divorce in Maryland
In Maryland, the courts now focus entirely on no-fault divorce, which eliminates the prior fault based grounds. The court must still assess whether the non-fault grounds apply to the facts of the case.
Ground 1: Six-Month Separation
A six-month separation requires that the parties live separate and apart for at least six months without interruption, including whether you continue to hold yourself out as married or have pursued a separation.
The court can determine that you are separated even if the parties remain in the same residence, depending on how the parties interact.
Courts may consider factors such as:
- Whether you maintain separate bedrooms
- How you maintain finances and bills
- Whether you hold yourselves out as a couple
This option is used when there is no agreement in place, but you do not want to delay filing for divorce.
Ground 2: Irreconcilable Differences
The term irreconcilable differences means the marriage has dissolved and there is no reasonable hope of reconciliation.
This ground does not require a waiting period. You can file for divorce without alleging a separation for any length of time.
This occurs when:
- Communication is non-existent
- You and your spouse do not agree on fundamental issues
- There is no hope for a reconciliation
Property issues will still have to be addressed as well as any support and custody issues. But, this eliminates having to prove fault.
Ground 3: Mutual Consent
Mutual consent expedites a final divorce when all of the issues are resolved and mutually agreed to.
In order to file for a divorce based on mutual consent, you must:
- Both “consent” to a divorce
- Have a signed, written agreement that resolves all pending issues
- All issues must be addressed including property, retirement and pension distribution, alimony, child support and custody matters
If you have a fully signed agreement, you can seek an expedited final divorce merits hearing as there are no contested issues for the court to decide.
Which Grounds Are Appropriate?
The grounds depend on the facts of your case, the length of the separation, and whether you and your spouse have entered into any resolutions.
We will review the facts of your case and determine whether:
- Irreconcilable differences and mutual consent can allow you to file without waiting to have a divorce merits hearing
- You have a fully executed agreement as mutual consent requires a full written agreement, while the other grounds do not
- You have lived separate and apart for six months, including whether it is in the same residence
We can assist in determining which of the aforementioned fits the facts of your case and which grounds will assist you in filing for divorce.
Do the Grounds for Divorce Affect Property, Support, or Custody?
In most cases, the grounds for divorce do not control how the court decides financial or custody issues; however, a fault basis for the dissolution of the marriage is a mandatory consideration for alimony and the court’s distribution of property.
Maryland courts focus on:
- An equitable (or “fair”) distribution of marital property
- Appropriate support based on each spouse’s situation
- The best interests of the child in custody matters and financial support for the children
What Is the Process of Filing for Divorce in Maryland
To file for divorce, the following occurs:
- Filing a complaint for divorce
- Serving your spouse with a summons and complaint
- Seeking mediation or seeking to have contested hearings
- Finalizing the divorce through a hearing or agreement
Cases based on mutual consent may expedite matters, whereas contested cases may take much longer as the court must schedule hearings.
