DIVORCE

GROUNDS FOR DIVORCE IN THE STATE OF MARYLAND

The State of Maryland is not a “no fault” divorce state. What this means for persons interested in getting a divorce in Maryland is that they must satisfy one of the statutory grounds for divorce set forth in the Maryland Code (which is a collection of all the laws in the State). In order to get an “absolute divorce” in Maryland, one of the following grounds of divorce must be met:

Voluntary Separation

To get a divorce on this ground, the parties must be living separate and apart (in different residences) continuously for more than 12 months without cohabitation or sexual relations; the separation must have been mutual and voluntary on the part of both parties; and there can not be a reasonable likelihood of reconciliation.

Two Year Separation

To get a divorce on the ground of two year separation, the parties must be living separate and apart (in different residences) continuously for more than 24 months without cohabitation or sexual relations and there can not be a reasonable likelihood of reconciliation. Unlike the ground of Voluntary Separation, the separation does not have to be mutual and voluntary and a party does not need the other’s consent to obtain the divorce.

Adultery

To obtain a divorce on the basis of adultery, a party must prove that his or her spouse had sexual intercourse with an individual of the opposite sex who is not that person’s spouse. Note that under current Maryland law, if an individual has sexual relations with someone of the same sex that does not constitute adultery.

Desertion/Constructive Desertion

To obtain a divorce on the ground of desertion, a party must show that his or her spouse physically abandoned them for a period of 12 months or greater. A divorce can also be obtained on the basis of “constructive desertion” if facts can be established showing that it was impossible for the complaining party to continue the marital relationship without the loss of their health, safety and/or self-respect.

Cruelty

To obtain a divorce on the ground of cruelty, a party must show that his or her spouse engaged in conduct that endangered the life, health and safety of the complaining party or caused reasonable apprehension of bodily harm. Cruelty includes both physical violence and bodily harm.

Conviction of a Crime

To obtain a divorce on the ground of conviction of a crime, a party must establish that their spouse has been convicted of a crime, been sentenced to more than 3 years, and has served at least 12 months of his or her sentence.

Insanity

To obtain a divorce on the ground, a party must prove that his spouse has been confined to a mental institution for at least 3 years, the insanity is incurable, there is no hope for recovery and one of the parties has been a resident of the State for more than two years.

For more information about the grounds for divorce in Maryland, please download our 2009 brochure “An Overview of Maryland Divorce Law.” from the Divorce Resource Page.

You can also review Maryland Family Law Article Section 7-103 the statute which sets forth the grounds for absolute divorce in Maryland.

Maryland Divorce Attorneys

If you are interested in having Stern & Associates represent you in a divorce proceeding, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.