NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
A party cannot ask the Court in Maryland to award him or her a “legal separation.” However, one of the grounds for divorce in Maryland is 6-month separation, which legally means that the parties have lived separate and apart for 6 months without interruption before filing for divorce. Of important note though, parties who still reside under the same roof can be deemed to have lived separate and apart without interruption so long as they have pursued separate lives.
The current grounds for divorce in Maryland are: 1) 6-month separation; 2) irreconcilable differences; and 3) mutual consent.
If a party seeks a divorce pursuant to 6-month separation, then the parties must live separate and apart for at least 6 months without interruption before filing for divorce. However, if a party seeks divorce pursuant to irreconcilable differences or mutual consent, there is no mandatory waiting period.
Irreconcilable differences is a relatively new divorce ground in Maryland. As such, there are no recent appellate cases providing a concrete definition of irreconcilable differences. However, other jurisdictions have defined irreconcilable differences as when there is an irretrievable breakdown in the marriage. Further, the Supreme Court of Maryland noted that the former grounds for fault-based divorce, such as adultery, may be among the reasons that a petition may cite for irreconcilable differences. See Lloyd v. Niceta, 485 Md. 422 at n.17 (2023).
A party may file for a divorce under the grounds of mutual consent when the parties have reached a written settlement agreement that deals with all issues arising under the marriage including 1) alimony (or the waiver of alimony); 2) property distribution; and 3) the care, custody, access, and support of any minor or dependent children.
As of October 1, 2023, Maryland no longer has fault-grounds for divorce. However, facts that would meet any of the old fault-based grounds may be among the reasons that a petition may cite for irreconcilable differences. See Lloyd v. Niceta, 485 Md. 422 at n.17 (2023). In addition, the Court may take any of the former grounds for fault-based divorce into consideration when deciding the issues of alimony or a monetary award.
Yes, you can get a divorce while living under the same roof as your spouse. The grounds of mutual consent and irreconcilable differences do not require the parties to be separated. Further, under the grounds of 6-month separation, parties who still reside under the same roof can be deemed to have lived separate and apart without interruption so long as they have pursued separate lives.
Yes, a party can get divorced under the grounds of 6-month separation as long as the parties have lived separate and apart for at least 6 months without interruption before filing for divorce, even if the separation was due to a final protective order being entered.
