What are the grounds for divorce in Maryland?
Di Goodman
Maryland managing attorney at Marble Law
Key Takeaways
- Maryland is a no-fault state.
- Maryland has no mandatory waiting period between filing and finalizing the divorce.
- Grounds for no-fault divorces are irreconcilable differences, six-month separation and mutual consent.
People wishing to dissolve their marriage in Maryland are seeking what’s known as an absolute divorce. The parties must provide at least one reason, or grounds, for the court to grant them a divorce.
Even though the spouses may say or feel that one or the other is responsible for the demise of the marriage, Maryland is a no-fault state. It recognizes the following grounds for divorce:
- Mutual consent: Full agreement on the terms of the divorce, including the division s of assets and custody of any children.
- Irreconcilable differences: The parties don’t agree on the terms of the divorce but one or both of the parties want a divorce.
- Six months separation: The spouses have lived separate and apart or are living separate lives for at least six months.
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Although Maryland has no waiting period between when you file for divorce and when your case can be finalized, you do have to meet residency requirements. For some, this can add time to your divorce, because the state requires that one party must have been a resident of the state six months prior to the divorce filing.
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