When a marriage reaches a point where continuing the relationship seems impossible, understanding the legal reasons that allow you to file for divorce becomes essential. Maryland divorce causes, formally known as "grounds for divorce," are the legally acceptable reasons the court recognizes for ending a marriage. Recent changes to Maryland family law have significantly simplified these grounds, making divorce more accessible while reducing the adversarial nature of the process. This comprehensive guide explains everything you need to know about the causes and grounds for divorce in Maryland.
What Are Grounds for Divorce?
Under Maryland law, marriage is considered a civil contract between two people. To legally dissolve this contract through divorce, you must establish at least one valid ground, a legally acceptable cause, before the court will grant your request. These grounds for divorce in Maryland serve as the foundation of your divorce case and must be proven to the court's satisfaction.
The concept of grounds exists because courts need a legal basis for dissolving marriages. You cannot simply decide to end your marriage without providing a reason recognized by law. Understanding which ground applies to your situation is crucial because it affects how quickly you can obtain a divorce and what you must prove to the court.
Recent Changes to Maryland Divorce Law
Maryland divorce causes underwent substantial changes on October 1, 2023, fundamentally altering how couples can end their marriages. These reforms represent one of the most significant updates to Maryland family law in decades.
Prior to October 2023, Maryland recognized both limited divorce (similar to legal separation) and absolute divorce. Limited divorce did not legally dissolve the marriage but allowed spouses to live separately while the court addressed issues like spousal support, property use, and child custody. However, couples remained legally married during a limited divorce.
The 2023 reforms eliminated limited divorce entirely. All divorces in Maryland are now absolute divorces that completely and permanently dissolve the marriage. Additionally, the law removed most fault-based grounds for divorce, shortened separation periods, and introduced new no-fault options that make divorce more accessible.
Current Grounds for Divorce in Maryland
As of October 1, 2023, Maryland recognizes three grounds for absolute divorce. All three are no-fault grounds, meaning neither spouse needs to prove the other did something wrong to end the marriage.
Irreconcilable Differences
Irreconcilable differences as a ground for divorce means that significant issues or conflicts exist in the marriage that cannot be resolved and have led to the breakdown of the marital relationship. Essentially, this ground recognizes that spouses have fundamental differences or problems making it impossible or impractical for them to continue living together as a married couple.
When filing a complaint for divorce based on irreconcilable differences, you assert that your marriage is over and there is no reasonable prospect of reconciliation. The specific issues and conflicts that cannot be resolved form the basis for requesting permanent termination of the marriage.
This ground does not require a waiting period. You can file for divorce immediately based on irreconcilable differences without needing to live separately first. You also do not need your spouse's agreement or cooperation to use this ground, one spouse's assertion that irreconcilable differences exist is sufficient.
The beauty of this ground is its flexibility. It encompasses any situation where the marriage has broken down irretrievably, whether due to growing apart, incompatibility, different life goals, communication breakdowns, or simply falling out of love. You do not need to prove specific acts of wrongdoing or wait for any particular period to pass.
Six-Month Separation
The 6-month separation ground applies when you and your spouse have lived separate and apart for at least six months without interruption before filing the complaint for absolute divorce. This ground provides an objective measure of marital breakdown based on the length of separation.
An important aspect of Maryland divorce law is that you can meet the separation requirement even while living under the same roof. Maryland law considers spouses who have pursued separate lives to have lived separate and apart for divorce purposes, even if they continue residing in the same residence.
To demonstrate that you pursued separate lives while sharing a home, you should be prepared to show evidence such as:
- Sleeping in separate bedrooms
- Maintaining separate living spaces within the home
- Keeping finances completely separate with individual bank accounts
- Having no sexual relations
- Preparing and eating meals separately
- Socializing independently rather than as a couple
- Presenting yourselves to family and friends as separated
The separation can also be based on a court order, such as a protective order that requires one spouse to stay away from the other. In these situations, the court-ordered separation counts toward the six-month requirement.
This ground represents a significant change from previous Maryland law, which required a 12-month separation period. The reduction to six months means couples can finalize their divorces more quickly, reducing the emotional and financial costs of prolonged separation.
Mutual Consent
Mutual consent divorce offers the fastest path to ending a marriage when both spouses agree on all terms. This ground allows couples who can work together cooperatively to obtain a divorce without any waiting period.
To qualify for a divorce based on mutual consent, you must meet specific requirements:
Complete Agreement: Both spouses must agree that they want to divorce. This is not a situation where one spouse is forcing divorce on an unwilling partner, both must genuinely consent to ending the marriage.
Comprehensive Settlement Agreement: You and your spouse must sign a written marital settlement agreement that resolves all issues relating to:
- Alimony or spousal support
- Distribution of property, including the family home and family use personal property
- Care, custody, and visitation of any minor or dependent children
- Child support obligations
The settlement agreement must be thorough and address every significant issue. If you have minor or dependent children, you must also file a completed child support guidelines worksheet if the agreement includes child support payments.
No Objections: Neither party can file written objections to the settlement agreement before the divorce hearing. If either spouse gets cold feet and objects to the agreement, the mutual consent ground no longer applies.
Court Approval: Both spouses must attend the divorce hearing. The court must be satisfied that any terms affecting minor or dependent children serve those children's best interests. The judge will review the agreement to ensure it is fair and reasonable.
If a court grants a divorce based on mutual consent, it may merge or incorporate the settlement agreement into the divorce decree. This gives the agreement the force of a court order that can be enforced or modified if necessary.
Mutual consent divorce works well for couples with few assets and no children, as well as for couples who can communicate effectively despite their decision to divorce. Many couples find that working together to create a fair settlement agreement is less expensive, less time-consuming, and less emotionally draining than litigating their divorce.
What Happened to Fault-Based Grounds?
Before October 1, 2023, Maryland recognized several fault-based grounds for divorce. These included adultery, desertion, conviction of a crime, insanity, cruelty of treatment, and excessively vicious conduct. Under the fault-based system, one spouse had to prove the other spouse did something wrong that justified ending the marriage.
The 2023 reforms eliminated all fault-based grounds. You can no longer file for divorce in Maryland based on your spouse's adultery, abandonment, criminal behavior, or cruel treatment. The legislature determined that removing fault from the divorce process would reduce conflict, lower costs, and make divorce less adversarial.
However, this does not mean that marital misconduct is completely irrelevant. While you cannot use fault-based grounds to obtain the divorce itself, the court will still consider each spouse's actions and behavior when deciding certain issues that arise during divorce proceedings.
When Marital Conduct Still Matters
Although Maryland divorce causes no longer include fault-based grounds, courts still consider marital conduct when making decisions about important divorce-related issues.
Alimony Decisions
When determining whether to award alimony and how much spousal support is appropriate, courts examine "the circumstances that led to your divorce." This language allows judges to consider marital misconduct when making alimony decisions.
If one spouse's behavior contributed to the breakdown of the marriage, such as infidelity, abuse, or abandonment, the court may consider this when deciding alimony. A spouse whose misconduct caused the divorce might receive less alimony or be required to pay more, depending on the circumstances.
Child Custody Determinations
Courts always base child custody decisions on the best interests of the children. When evaluating what custody arrangement serves children best, judges consider each parent's behavior and character.
Conduct that demonstrates poor parenting, such as substance abuse, domestic violence, neglect, or instability, will influence custody decisions. Even conduct not directly related to parenting, like financial irresponsibility or dishonesty, may be considered if it reflects on a parent's judgment and character.
Property Division
Maryland follows equitable distribution principles for dividing marital property. Courts consider various factors when determining what property division is fair, including contributions each spouse made to the family and the circumstances that led to the divorce.
Marital misconduct may influence property division in extreme cases, particularly when one spouse's behavior caused significant financial harm to the family. For example, if one spouse squandered marital assets on an affair or gambling, the court might award the other spouse a larger share of the remaining property to compensate.
Absolute Divorce
Since limited divorce no longer exists in Maryland, all divorces are now absolute divorces that completely and permanently dissolve the marriage. Understanding what absolute divorce means helps clarify the consequences of divorce.
An absolute divorce legally ends your marriage. Once the court enters a decree of absolute divorce, either person can remarry. The divorce resolves all issues between spouses, including property division, spousal support, child custody, and child support.
The divorce decree may provide for:
Alimony Arrangements
The court can order one spouse to pay spousal support to the other. Alimony may be temporary, rehabilitative (for a specific period), or indefinite (ongoing with no specific end date). Awards of indefinite alimony are rare and typically reserved for situations involving significant age or health disparities.
Child Custody Orders
The decree addresses custody arrangements if you have minor or dependent children. This includes both physical custody (where children live and spend time) and legal custody (who makes major decisions about children's lives). You can create your own parenting plan or have the court decide custody based on the children's best interests.
Child Support Obligations
Both parents have legal obligations to financially support their children. The divorce decree establishes child support amounts based on Maryland's child support guidelines, which consider both parents' incomes and the children's needs.
Property Division
The decree divides marital property and debts between spouses. Marital property includes assets acquired during marriage, regardless of whose name appears on titles. The court can order property sold and proceeds divided, or it can award specific assets to each spouse.
Name Restoration
A spouse may request to restore their pre-marriage name. These requests are usually granted, allowing you to return to using your maiden name or previous surname.
Filing for Divorce: Practical Steps
Once you determine which ground for divorce applies to your situation, you can begin the divorce process.
Meeting Residency Requirements
Before you can file for divorce in Maryland, residency requirements must be satisfied. At least one spouse must physically live in Maryland. How long you must have lived in Maryland depends on where the cause for divorce occurred.
If the grounds for divorce occurred within Maryland (for example, your 6-month separation took place in Maryland), you need only be currently living in Maryland when you file. If the grounds for divorce happened outside of Maryland, then at least one spouse must have resided in Maryland for at least six months before filing.
Preparing Your Complaint
To initiate divorce proceedings, you file a Complaint for Absolute Divorce with the circuit court in the county where you or your spouse lives. The complaint must specify which ground for divorce you are asserting and provide details supporting that ground.
The complaint should also identify what relief you are requesting, such as alimony, property division, child custody, or child support. You'll need to file additional documents along with your complaint, including a Domestic Case Information Report and financial statements if requesting support or alimony.
Serving Your Spouse
After filing, you must provide copies of the complaint and all attachments to your spouse through formal service of process. This ensures your spouse receives proper legal notice of the divorce action. Service can be accomplished through certified mail, service by a sheriff, or a private process server.
Your spouse then has specific deadlines to respond: 30 days if served in Maryland, 60 days if served in another state, or 90 days if served outside the United States.
When You Cannot Agree
Not all divorces proceed smoothly with full cooperation between spouses. If you cannot agree on divorce terms, your case becomes contested, requiring court intervention to resolve disputes.
In contested cases, both parties submit evidence and arguments about disputed issues. The court holds hearings where each spouse (or their attorney) can present their case. Judges make final decisions about property division, alimony, custody, and support based on evidence presented and Maryland law.
Contested divorces typically take longer and cost more than uncontested divorces. However, when fundamental disagreements exist about important issues affecting your financial future or your children's well-being, court involvement may be necessary to reach a fair resolution.
Do You Need an Attorney?
Maryland law allows individuals to represent themselves in divorce cases. Many people successfully handle straightforward mutual consent divorces without attorneys. However, divorce involves complex legal and financial issues with long-term consequences.
Consider consulting or hiring an attorney if:
- You and your spouse disagree about custody, property, or support
- Significant assets or debts need to be divided
- Retirement accounts, pensions, or business interests are involved
- Your spouse has retained legal counsel
- Domestic violence or abuse is a factor
- You need help calculating child support or understanding your rights
- You want to ensure your settlement agreement is fair and enforceable
Even for amicable divorces, consulting an attorney for limited advice about your specific situation can prove valuable. An attorney can review your settlement agreement, explain your rights, and identify potential issues you might not have considered.
While you no longer need to prove your spouse did something wrong to obtain a divorce, marital conduct still matters when courts make decisions about alimony, child custody, and property division. The elimination of fault-based grounds for the divorce itself does not mean that behavior during marriage is irrelevant to all divorce-related issues.