In October 2023, Maryland enacted rules that significantly impacted divorce, making it simpler to obtain a divorce. Before this date, the state offered absolute divorce and limited divorce. Limited divorce was similar to legal separation in other states. While limited divorce did not end a marriage, spouses could negotiate issues like child custody, alimony, and property division.
An absolute divorce legally ended a marriage, and was either a fault-based divorce or a no-fault divorce. A fault-based divorce required that one spouse allege a "fault" or reason for the divorce, like desertion, adultery, or cruelty. These faults had to be proven by the alleging spouse, making the process much more adversarial. A no-fault divorce meant that both spouses agreed to the divorce, but required a 12-month separation period.
There are now three no-fault grounds for divorce, while the time a couple must live apart before divorcing has been shortened. The three no-fault divorce grounds in Maryland are now: six-month separation, mutual consent with a complete settlement agreement, and irreconcilable differences. If you are contemplating divorce, it can be beneficial to speak to a knowledgeable Gaithersburg, MD family law attorney.
Fault-based divorce has been eliminated. Spouses are no longer able to claim a "fault," which means placing blame for the demise of the marriage on one spouse. Limited divorce has also been eliminated. Couples can divorce, but there is no legal separation available. The three no-fault grounds for divorce in Maryland include:
Claiming irreconcilable differences means there is no reasonable expectation of reconciliation, and the marriage is beyond repair. There is no requirement of blame or proof of misconduct. Either spouse can claim irreconcilable differences, even if the other spouse disagrees. Irreconcilable differences is based on sworn statements in the divorce petition and testimony at a brief court hearing. Judges are unlikely to question the irreconcilable differences claim, barring evidence of coercion or fraud.
A mutual consent divorce is a good option for couples who agree to divorce and are able to fully agree on all issues. The couple will sign a written settlement agreement that resolves property allocation, alimony, child support, and custody. The marital settlement agreement is a legally binding contract that addresses all applicable issues. The court will review the settlement agreement and incorporate it into the divorce order if it is fair and in the best interests of the children. Form CC-DR-116 is completed and then filed with a complaint for divorce.
Maryland went from 12 months of separation that could not occur under the same roof to six months of separation that can occur under the same roof, so long as separate lives are maintained. Once the couple has lived separate lives without interruption for at least six months, they can file for divorce. This is considered a no-fault divorce.
When you have an experienced Baltimore, MD family law attorney from Diamant Gerstein, LLC by your side, you can expect your divorce to have fewer problems along the way, and you can expect a more positive outcome. Attorney Diamant has won Avvo’s Client Choice Award and has a "superb" rating on Avvo.com while being on the Maryland Super Lawyers List.
Attorney Gerstein is admitted to practice law in Maryland, the U.S. District Court for the District of Maryland, the U.S. Supreme Court, and the U.S. Tax Court. Both attorneys have strong community ties. Our attorneys personally answer calls rather than having a receptionist or paralegal handle them. We are very hands-on. Call 301-560-2685 to schedule an initial attorney meeting. Se habla Espanol. אנחנו מדברים עברית.
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