As of October 1, 2023, there is only one type of divorce in Maryland: an absolute divorce. Grounds for limited divorce no longer exist in Maryland.

Absolute Divorce in Maryland

An absolute divorce is a “final” permanent divorce.

Following an absolute divorce, the parties are permitted to marry someone else. The court addresses marital property, support, and related issues.

In order to obtain an absolute divorce, you must have grounds. As of October 1, 2023, all fault- based grounds, such as adultery, cruelty, and desertion, have been eliminated. All of the current grounds are no-fault.

There are three grounds for an absolute divorce:

• 6-month Separation
• Irreconcilable Differences
• Mutual Consent

To obtain a divorce based on a 6-month separation, there must be proof that the parties have lived ”separate and apart” for 6 months without interruption before the filing of the application for divorce. Parties who have pursued separate lives are deemed to have “lived separate and apart,” even if they reside under the same roof or the separation is in accordance with a court order.

To obtain a divorce based on Irreconcilable Differences, the party seeking a divorce must state reasons for the permanent termination of the marriage. Because the law is so new, there is no recent appellate case discussing the definition of Irreconcilable Differences. A case from California defines Irreconcilable Difference as the existence of marital problems which have so impaired and destroyed the marriage relationship to the point where the marriage relationship cannot be repaired. In passing, the Maryland Supreme Court has stated that proof of any of the old fault-based grounds should be sufficient.

To obtain a divorce based on Mutual consent, the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:

• Alimony
• The distribution of property, including:
  • Relief pertaining to a monetary award or other form of equitable distribution,
  • Division of pension benefits; and
• Custody, access/visitation, and support of any minor children of the parties.

In addition, there must be proof that neither party has filed a pleading to set aside the settlement agreement.

Divorce is often a complicated and difficult process that requires a skilled family law attorney. As we focus solely on family law, the attorneys at Meiselman Helfant & Wills, LLC understand the unique complexities of Maryland divorce law and have the knowledge and experience to assist you in all facets of your divorce case.

In addition to our knowledge, we also understand that the divorce process can be time-consuming and emotionally taxing. Communication with our clients is a priority, and we are very responsive to every single one of our clients. We acknowledge each case requires a personal touch through every step of the process as each client is different. Our pledge to you is to always be straightforward, honest, and fair.

We’re here to help, so reach out to us today and schedule a consultation with our team. For more information on some steps to prepare for your divorce, please review our blog post for some helpful tips and advice.