Grounds for Divorce in Maryland

If you and your spouse have been considering divorce, it’s important to understand the recent updates to Maryland’s divorce laws. Changes that went into effect last year have made the process more straightforward, providing clearer options for couples who wish to legally dissolve their marriage. Whether you’re already separated or just beginning to think about divorce, it’s crucial to understand the current grounds for divorce in Maryland as you move forward.

The End of Limited Divorce in Maryland

One of the major changes to Maryland’s divorce law is the elimination of the option for a “limited divorce.” In the past, limited divorce functioned like legal separation in other states. It allowed couples to live separately while remaining legally married, often used as a temporary solution when couples weren’t yet ready for absolute divorce or needed to resolve pressing issues like child or spousal support and child custody.

Now, Maryland no longer offers this limited divorce option. Instead, couples seeking to end their marriage must pursue an absolute divorce, which is the final and official termination of a marriage.
This shift helps simplify the process, though it does take away the option of a limited divorce for couples who wanted to formalize a separation or settlement while also remaining married for benefits like health insurance.

Living Separate Lives Under the Same Roof

Maryland’s revised divorce laws also bring more flexibility to how couples can live before they file for divorce. Previously, couples typically had to live in separate households for a certain period before being eligible for divorce. Under the new law, however, you can be considered to have lived “separate lives” even if you continue to share the same home. This change is particularly helpful for couples who may be unable to afford two residences or who choose to stay under one roof for the sake of their children.

To qualify for a divorce on the grounds of separation, you must have lived separate lives for at least six months. This means that you and your spouse are no longer functioning as a married couple, even if you share the same space. The new law cuts the separation period in half (from 12 to 6 months), making divorce accessible in a shorter amount of time and without the added cost of establishing separate homes.

Simplified Grounds for Divorce in Maryland

The new law also streamlines the grounds for divorce. Maryland now recognizes three primary grounds for absolute divorce, all of which are considered “no-fault” grounds. This means that couples can pursue divorce without having to prove that one party was at fault for the breakdown of the marriage. The three grounds for divorce include:

1. Mutual Consent: If both spouses agree to the divorce and have reached a written settlement regarding issues like property, alimony, and child custody, they can file for divorce based on mutual consent. This is often the simplest and most amicable way to end a marriage because settlement is the focus, not why the marriage broke down.
   
   
2. Irreconcilable Differences: Couples can also file for divorce if they believe their marriage has irreconcilable differences that cannot be resolved. This ground allows individuals to explain the reasons why they believe their marriage has permanently broken down and requires that the reason for the breakdown in the marriage be included in court documentation.
   
   
3. Separation: As mentioned earlier, if a couple has lived separate lives continuously for at least six months, they can file for divorce on the grounds of separation. This is a straightforward way for couples who have already been apart to finalize their divorce.

These updated grounds for divorce remove the need to prove fault (such as adultery or cruelty) which was previously required for some divorces in Maryland. By allowing couples to focus on no-fault grounds, the law aims to reduce conflict and simplify the legal process for those seeking to end their marriage. Fault can still be a consideration when a court decides child custody, alimony, and a monetary award dividing marital property.

Why Establish a Separation Date for Grounds for Divorce?

Even if you are not using separation as the primary grounds for your divorce, it can be beneficial to establish an official separation. If you and your spouse have been living apart or pursuing separate lives within the same home, it’s important to plan for a separation, whether you separate physically or not. This planning phase often involves information and document gathering, getting legal advice, and identifying options and priorities. Planning can make a separation easier and helps if a sudden physical separation occurs.

In many cases, couples may also put temporary agreements in place during their separation. These agreements (which can cover things like temporary child custody, financial support, or use of shared property) often serve as a foundation for the final divorce settlement. They are also opportunities for a couple to try something to see what works and what doesn’t, before making it final. Having skilled legal guidance and support early in the process can help you navigate these temporary arrangements and set the stage for a smoother transition to divorce.

How These Changes Can Impact Your Divorce

These updates to Maryland’s divorce law are designed to simplify the process for couples, making it easier to access the court and divorce when navigating the emotional and legal challenges of ending a marriage. Whether you are looking for a straightforward divorce based on mutual consent, need to separate from your spouse while still sharing the same home, or need help planning a physical separation, understanding the new grounds for divorce in Maryland is key to moving forward.

For many, the ability to file for divorce without proving fault and the reduced separation period are welcome changes that can lessen the strain on both parties. However, the legal process can still feel overwhelming, and it’s important to have the right support to ensure your rights are protected and that you are fully informed about your options.

Contact Lindsay Parvis for Guidance on Grounds for Divorce in Maryland

If you are considering divorce in Maryland and want to understand how these recent legal changes may impact your case, Lindsay Parvis is here to help. She works closely with clients to develop custom-tailored strategies that address their unique needs, concerns, and priorities, ensuring that they feel heard and supported throughout the process. Contact Lindsay today to schedule a consultation and discuss your situation.

You can also follow her for discussion, news, and developments in Maryland family law on LinkedIn, Facebook, and Instagram.