The Grounds For Divorce In Maryland

In some states, a divorce requires meeting specific legal criteria known as the “grounds for divorce.” We sometimes refer to these as the “keys to the door.” These grounds establish the legal basis for a court to grant a divorce, providing the required justification for legally ending a marriage and sometimes shaping how the process unfolds. Recent updates to Maryland law have streamlined the process, introducing no-fault divorce options like a 6-month separation, irreconcilable differences, and mutual consent.
These changes make it easier for couples to move forward without enduring prolonged waiting periods or fault-based allegations. By eliminating the requirement for extensive separation periods and focusing on mutual agreements, the law provides a practical path forward for many couples. Those seeking an efficient and fair resolution to their marriage should take the time to understand these options.
Mutual Consent vs. Irreconcilable Differences
Divorces, generally, will fall under one of these two categories. Mutual Consent divorce in Maryland simplifies the divorce process because it allows you to dissolve your marriage without unnecessary conflict. Couples can divorce without the typical requirement of living separately before filing. (Before October 2023, couples had to separate for 12 months.) Instead, the focus is now on reaching a full agreement upfront. Both parties must sign a written marital settlement agreement addressing every aspect of the divorce—property division, alimony, child custody, and support. Once the deal is finalized and a complaint and answer are filed, the court will schedule a short hearing (5 – 20 minutes) to finalize the divorce. This method ensures the process remains faster and less stressful than other divorce paths. Couples can avoid proving fault or enduring drawn-out disputes by prioritizing mutual agreement. For those who value efficiency and collaboration, mutual consent divorce offers a straightforward and amicable solution.
Maryland began to recognize Irreconcilable Differences in October 2023. This is a no-fault ground for divorce, so assigning blame or proving specific misconduct against your spouse is unnecessary. The term “irreconcilable differences” is not strictly defined in the new law, but it broadly covers situations where a marriage has reached an irreparable breakdown for any reason.
How The Grounds For Divorce Factor Into the Process
By moving from fault grounds to no-fault grounds, the legal “battlefield” has changed immensely. Remember, the “grounds” for divorce are simply the key to unlocking the door of divorce. Where before, we had to prove things like adultery, cruelty, or separation to get a divorce, now you can simply allege irreconcilable differences and still get your foot in the door. What does this mean? You can get into court faster and not have to worry about proving that you deserve to be there and that you should be able to get a divorce. In the “old days,” there were times when you and your spouse were both ready to be divorced, but because you gave it one more try on a date night a few months before court, the judge would deny your divorce (Yes, even after 3 days of evidence and testimony, because you got back together for “just one night,” a judge could kick the whole thing out and tell you to come back once it has been a true year of separation.)
Now, Maryland now only offers no-fault grounds. This is a positive step because it streamlines the process and eliminates the focus on asserting fault-based allegations. This saves time, reduces stress, and limits the financial impact of the divorce process.
The no-fault grounds include:
- 6-month separation: This option is for couples who have lived separately and apart for six uninterrupted months. (We did not cover this in the previous section because most divorces will mirror one of the following points.)
- Mutual consent allows for an immediate divorce if the spouses sign an agreement resolving all significant issues, including property division and custody.
- Irreconcilable differences: This applies to couples who face fundamental disagreements that make it impossible to continue the marriage.
No-fault grounds allow couples to avoid assigning blame, focus on resolving disputes efficiently, and minimize emotional strain. These changes reflect a shift toward simplicity and fairness, making it easier for couples to move forward without the burden of proving fault.
There Is An Option That Is Right For You
Each option offers different benefits, and selecting the right one can help you achieve a resolution tailored to your situation. Contact our office today to schedule a consultation. Whether your divorce is straightforward or involves more detailed considerations, we are here to provide the guidance you need. Let us help you take control of your divorce process and confidently move forward.