Does Maryland Still Have Fault-Based Divorce?

 Posted on August 30, 2024 in Family Law

As of October 1, 2023, Maryland’s divorce laws have changed in a way that makes the process simpler and more straightforward. One of the biggest changes is the removal of fault-based grounds for divorce. In the past, one spouse had to prove the other spouse was at fault for the marriage falling apart. Now, divorces in Maryland can be finalized without assigning fault to anyone. If you are thinking about divorce, contact a Germantown, MD divorce attorney with Salvado Law Offices to learn how these changes could impact your situation.

What Are the Grounds for Divorce in Maryland?

Before the recent changes in the law, proving things like adultery, desertion, or cruelty was necessary to obtain a divorce. However, with the recent changes, divorces can now be granted based on no-fault grounds. There are only three grounds for divorce now, which are a six-month separation, irreconcilable differences, and mutual consent.

By removing the need to prove fault, the new law helps reduce conflict between spouses and makes the process less stressful and more manageable. The hope is that this will help couples to focus on moving forward rather than dwelling on past grievances.

Do I Have to Move Out to Get Divorced From My Spouse in Maryland?

Under the new law, you do not necessarily have to move out of your home to get a divorce in Maryland. One of the no-fault grounds for divorce is a six-month separation. The law now says that spouses can be considered "separate and apart" even if they continue living in the same house, as long as they are leading separate lives. This change makes it easier for couples who may not have enough money to live in separate households during the divorce process.

Can You Get a Legal Separation in Maryland?

With the recent changes to Maryland’s divorce laws, the option for a "limited divorce," which was basically the same as legal separation, has been removed. Previously, a limited divorce allowed couples to live apart and resolve issues like alimony and child support without officially ending their marriage. Now, couples must seek an absolute divorce (what most of us would think of as a normal divorce, which is permanent).

How Long Does it Take to Get Divorced in Maryland?

The time it takes to get divorced in Maryland will change based on the grounds for divorce and how quickly spouses can resolve all necessary issues. One of the fastest ways to get divorced under the new law is through mutual consent. This ground allows couples who have reached a full agreement on all divorce-related issues — such as alimony, property division, child support, and child custody — to finalize their divorce without any waiting period.

For a divorce to be granted on the basis of mutual consent, both spouses must submit a written settlement agreement to the court. This agreement must address all key aspects of the divorce, and both parties must sign it. If the court believes that the agreement is fair and in the best interests of any minor children, the divorce can be finalized fairly quickly.

Contact a Potomac, MD Divorce Lawyer

If you are facing divorce, our Germantown, MD family law attorneys at Salvado Law Offices can help you understand your rights and options under the new law. Contact us today at 301-933-1814 to schedule a consultation and take the first step toward a fresh start.