Grounds for Divorce in Maryland

Maryland changed its divorce law substantially, effective October 1, 2023. If you are reading older articles, or relying on what a friend went through several years ago, some of what you have been told is no longer accurate.

Three things changed at once. Fault based grounds were removed. Limited divorce was repealed entirely. And the separation requirement was shortened and redefined.

Maryland now has only absolute divorce

Absolute divorce ends the marriage. Limited divorce, which was a court supervised separation rather than a true divorce, no longer exists in Maryland.

It is also worth stating plainly, because it is one of the most common misunderstandings: Maryland has no legal separation status. You do not file for legal separation here, and there is no court order that makes you legally separated. What spouses do have is the option of a private written agreement resolving their affairs, which is a contract rather than a court status. See separation and marital settlement agreements.

The current grounds

Six month separation

Spouses who have lived separate and apart for six months without interruption before the case is filed may seek an absolute divorce on that basis. The period was previously twelve months.

The more significant change is what “separate and apart” now means. Under the current statute, spouses who are pursuing separate lives can satisfy the requirement even while living under the same roof. That matters enormously for families who cannot afford two households while a divorce is pending, and it removed a requirement that used to force people to move out purely to start the clock.

Irreconcilable differences

A divorce may be granted on irreconcilable differences, based on the reasons the filing spouse states for the permanent termination of the marriage. There is no waiting period attached to this ground and no requirement that the other spouse agree that the marriage is over.

Permanent legal incapacity to consent

This is a narrow ground addressing situations where a spouse permanently lacks the legal capacity to consent to the divorce. It carries specific statutory requirements and comes up rarely.

Mutual consent

Mutual consent is best understood as a separate pathway rather than a waiting period. It requires a written settlement agreement signed by both spouses that resolves alimony, distribution of property, and the care, custody, access and support of any minor or dependent children. If child support is included, a completed child support guidelines worksheet must be filed. Neither spouse may file a pleading to set the agreement aside before the hearing, and the court must be satisfied that any terms affecting children are in those children’s best interests.

An important update: mutual consent is no longer limited to couples without minor children. Parents who reach a complete written agreement can now use it. See mutual consent and uncontested divorce.

What happened to adultery, desertion and cruelty?

Adultery, desertion, conviction of a crime, insanity, cruelty of treatment and excessively vicious conduct are no longer grounds for divorce in Maryland. You do not have to prove misconduct to end a marriage, and alleging it will not by itself get you a divorce any faster.

Misconduct has not become irrelevant, however. The circumstances that contributed to the estrangement of the parties remain a factor a court weighs when deciding alimony and when deciding whether a monetary award is equitable. Conduct affecting the children remains relevant to custody. So the facts still matter. They simply matter at a different stage than they used to.

Residency

At least one spouse must be a Maryland resident to file here. If the ground for divorce occurred outside Maryland, one of you must have been a Maryland resident for at least six months before filing.

Which ground should you use?

This is a strategic question rather than a moral one, and it interacts with timing, with what you can prove, and with whether a settlement is realistic. It is worth discussing before anything is filed. See filing for divorce in Maryland and the divorce process step by step, or review the frequently asked questions.

Official Maryland resources

• Md. Code, Family Law section 7-103, grounds for absolute divorce
• Maryland Courts, divorce
• Maryland People’s Law Library, overview of divorce

Talk with a Towson family law attorney

Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.

Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.