Marriage is meant to be a lifelong union, but there are instances where divorce becomes an unavoidable option. In Maryland, as in most states, there are specific conditions or "grounds" under which a spouse may file for divorce. These grounds can serve as the basis for a divorce case and can affect its outcome. It is important to be familiar with the grounds for divorce in Maryland to make informed decisions on your case.
The Basics of Divorce in Maryland
While divorce is authorized under Maryland law, at the heart of its laws is the promotion of reconciliation between spouses. The court requires resolving a few issues like child custody, alimony and property division before finalizing a divorce. Chapter 1 of Maryland’s Family Law provides the legal framework for divorce in the state and outlines its grounds.
No-Fault Grounds
Maryland, like many states, has two types of grounds: no-fault and fault. Because the no-fault grounds are less contentious, they are commonly used in divorce cases.
Mutual Consent
In 2015, Maryland introduced the Mutual Consent Grounds for divorce, taking no-fault divorce to a new level. With this provision, a couple may file for divorce without having to live apart from one another or prove any fault. To use the Mutual Consent ground, a couple:
- Must sign a written agreement detailing how they will divide their property and assets and appropriate custody and support for any children under 18 years.
- They must present the agreement to the court.
- Both parties must attend the divorce hearing together without contesting any terms of the agreement.
The court shall grant the divorce if all of these conditions are met. The Mutual Consent ground for divorce expedites the process and resolves issues in a mutually satisfying manner, creating an affordable and faster alternative to expensive litigation.
12-Month Separation
In Maryland’s 12-month separation, a couple must live apart for an entire year before they can file for divorce. This is a no-fault ground for divorce because it does not require proving any wrongdoing. The year begins only when the couple separates with the intent to end their marriage and resides in separate residences. Any overnight stay by either party under the same roof or unrelated reasons can invalidate the separation period and reset the clock. This ground is helpful for couples who had a low-conflict separation and passed the requisite waiting period.
Fault-Based Grounds
Fault-based grounds are more complicated and often contentious. In a fault-based divorce, a spouse alleges misconduct by their partner, serving as the basis for the divorce. It will affect issues of spousal support, property division, and child custody.
Adultery
Adultery is defined as voluntary sexual conduct between one spouse and someone other than the other spouse. It is more commonly used in fault-based divorce proceedings. In an adultery case, the accuser must provide evidence beyond reasonable doubt, such as text messages, phone records, or witness testimony.
Desertion
Desertion involves the willful and continuous abandonment of one spouse by the other. It may be actual, where the spouse leaves the home without warning or justification, or constructive, involving behavior that renders the marriage intolerable. A desertion divorce case requires a separation period of at least one year.
Cruelty
Cruelty involves physical, emotional or verbal abuse by one spouse to the other, resulting in the victim’s health, safety or reasonable happiness. The standard of proof is high; the accusing party must demonstrate that their spouse’s behavior was unjustified and that they were subjected to physical or mental harm that made it intolerable to continue the marriage.
Insanity
Maryland law stipulates that a spouse may file for divorce if their partner is found to be legally insane and confined to a hospital or institution for at least three years.
Conclusion
Filing for divorce is a life-altering decision that is often challenging and traumatizing. Maryland offers several options for divorce, and understanding the grounds for each is essential to make informed decisions. In a no-fault divorce, the Mutual Consent ground and 12-month separation provide a less confrontational route while fault-based grounds present complex legal issues that should be handled by a skilled legal attorney.