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In order to file for Divorce in Maryland, you need to have “grounds” for divorce. The term “grounds” essentially means a legally-recognized basis for filing for divorce. In October 2023, Maryland made significant changes to its divorce laws, making it much easier for individuals to file for divorce.
There are now three (3) grounds for divorce in Maryland which are set forth by statute pursuant to Md. Code Ann., Fam. Law § 7-103. The three grounds for divorce are:
If you and your spouse have been living separate and apart for at least six (6) months prior to the filing for divorce, you may file on grounds of 6-month separation. In some cases, even if you and your spouse are still living under the same roof, you may still argue that you have been “separated” for 6 months if you have been residing in separate areas of the home without marital relations. The 6-month separation ground for divorce is codified by statute in Md. Code Ann., Fam. Law § 7-103 (a)(1).
You may also be able to seek a divorce based on “irreconcilable differences” with your spouse. In Maryland, the law does not define exactly what constitutes “irreconcilable differences” nor does the law provide a list of circumstances which meet this criteria. However, if there has been a breakdown in the marital relationship and reconciliation is not possible, this is generally sufficient to demonstrate irreconcilable differences. Reasons for irreconcilable differences may include excessive conflict between spouses, unforgivable conduct by one spouse such as adultery or a mutual desire between the parties to discontinue the marital relationship. The irreconcilable differences ground for divorce is codified by statute in Md. Code Ann., Fam. Law § 7-103 (a)(2).
If you and your spouse have a Marital Settlement Agreement (https://www.greenberglegalgroup.com/marital-settlement-agreements-maryland/) or other written agreement, you may be able to obtain a divorce on the grounds of mutual consent. The agreement must be in writing, signed by both parties and address all issues arising out of the marriages. Issues which Marital Settlement Agreements should address include custody, child support, alimony, disposition of marital property and monetary award. If the parties have minor children in common, before granting the divorce, the Court will review the terms of the agreement with respect to custody and child support to ensure that such terms are in the best interests of the minor children. The mutual consent ground for divorce is codified by statute in Md. Code Ann., Fam. Law § 7-103 (a)(3).
If you are interested in filing for divorce, please contact the Greenberg Legal Group (https://greenberglegalgroup.com/) for assistance. When going through the divorce process, it is extremely important to have an experienced and knowledgeable divorce attorney in your corner. Our firm is here to protect your interests, both financially and otherwise, throughout the divorce process.
