Divorce is an unfortunate but often necessary process that allows spouses to end their marriage legally. In Maryland, there are specific grounds for divorce that must be met before a court can grant a divorce. This article will discuss the grounds for divorce in Maryland and their legal implications for spouses seeking to end their marriage.
What are Grounds for Divorce?
Grounds for divorce are reasons or justifications for ending a marriage. In Maryland, there are two types of grounds for divorce: fault and no-fault. Fault-based grounds require one spouse to prove that the other spouse was at fault for the breakdown of the marriage. No-fault grounds do not require a finding of fault.
No-Fault Grounds for Divorce in Maryland
Maryland recognizes only one no-fault ground for divorce: separation. Spouses may seek a no-fault divorce after they have lived separately and apart without cohabitation for at least 12 continuous months. In cases where there are minor children, the spouses must live separately and apart for at least 12 months continuously, or at least 24 months if they do not have a written agreement regarding custody, support, and visitation.
Fault-Based Grounds for Divorce in Maryland
Maryland recognizes several fault-based grounds for divorce, including adultery, desertion, cruelty, and excessively vicious conduct. Each ground has different legal requirements, and it’s essential to understand these requirements before filing for a fault-based divorce.
Adultery
Adultery occurs when one spouse engages in sexual intercourse with someone who is not their spouse. To obtain a divorce on the grounds of adultery, the accusing spouse must provide proof that their spouse engaged in sexual intercourse with someone else. Additionally, the accusing spouse must have a reasonable belief that their spouse committed adultery and cannot have also engaged in adultery themselves.
Desertion
Desertion occurs when one spouse abandons the other spouse for a continuous period of 12 months or more without justification. The deserted spouse must prove that their spouse intended to abandon them and that they did not cause the desertion.
Cruelty
Cruelty involves behavior that endangers the life or health of the other spouse or makes it impossible to continue to live together. Acts of cruelty can include physical violence, mental abuse, or neglect.
Excessively Vicious Conduct
Excessively vicious conduct refers to behavior that makes living together intolerable. It is not enough to show that the spouses cannot get along. Rather, the behavior must be so egregious that it renders continued cohabitation impossible.
Legal Implications of Different Grounds for Divorce
The grounds for divorce can have several legal implications for spouses seeking to end their marriage. For example, a no-fault divorce may be less contentious than a fault-based divorce since neither spouse is required to provide evidence of wrongdoing. However, a no-fault divorce may not be possible if the spouses have not lived separately and apart for at least 12 months.
In contrast, a fault-based divorce may be more contentious since the accusing spouse must prove that their spouse was at fault for the breakdown of the marriage. Additionally, fault-based divorces can have financial implications since Maryland law allows the court to consider fault when dividing marital property or awarding alimony.
Conclusion
Divorce is a challenging process that can be made even more difficult by the grounds for divorce. Spouses in Maryland must understand the different grounds for divorce and their legal requirements before filing for divorce. Whether a spouse is seeking a no-fault or fault-based divorce, they should consult with an experienced divorce attorney to discuss their legal options and protect their rights.