Maryland Divorce is Faster: Six-Month Separation and “Irreconcilable Differences” Grounds

Effective October 1, 2023, Maryland streamlined its divorce process by eliminating fault-based grounds for divorce. Instead, those filing for divorce now have three no-fault options to choose from. The aim of this legislative reform was to simplify and expedite divorce proceedings. It also helped make divorce more accessible and less adversarial. If you are considering parting ways with your spouse, it’s essential to understand the available grounds for divorce in Maryland and which is applicable in your case.

Key Takeaways

• As of October 1, 2023, Maryland eliminated fault-based grounds for divorce, shifting to a no-fault based system.
• No-fault grounds for divorce include: six-month separation, irreconcilable differences, and mutual consent.
• In some cases, fault can still play a role in influencing the outcome of property division, alimony, and child custody.

What are the No-Fault Grounds for Divorce in Maryland?

Before Maryland’s divorce laws were reformed to only allow for no-fault divorce, spouses could claim the grounds of adultery, desertion, criminal conviction, or physical/mental cruelty. Those grounds are now eliminated and replaced by three no-fault grounds. This means that spouses filing for divorce no longer have to incur the expense of proving an affair or establishing other spousal misconduct.

Under the no-fault rules, the grounds for divorce in Maryland include:

• Six-month separation: The previous 12-month separation requirement for divorce is reduced to six months. Couples can now file for divorce after living separately for six months, even if they are still residing in the same home or same roof. However, they must maintain separate lives as demonstrated by separate finances, private bedrooms, etc.
• Irreconcilable differences: Irreconcilable differences is the primary ground for no-fault divorce in Maryland. Either spouse can claim that fundamental issues have resulted in the breakdown of the marriage and it is beyond repair. No waiting period is required to file for divorce under this ground, and the filing spouse does not need to prove any marital fault.
• Mutual consent: The third ground for divorce in Maryland is mutual consent. To end a marriage on this ground, both spouses must sign a comprehensive settlement agreement that addresses alimony, property division, and child custody/support. This option allows for immediate divorce without a waiting period, provided neither spouse changed their mind between the time the settlement was signed and the date of the hearing.

By offering a more streamlined framework to part ways, the three no-fault divorce options can help reduce the conflict that comes with divorce and the costs associated with it.

Is Fault Still Relevant in Maryland Divorce?

Although the fault-based grounds for divorce in Maryland were replaced with three no-fault grounds, this does not necessarily mean fault no longer has a place in a divorce action. In some cases, fault or the reason for the breakdown of the marriage, can still play a role in determining alimony, child custody, and property division. For instance, if a spouse wasted marital assets on carrying out an extramarital affair, adultery may be a factor in the court’s alimony or property division decision. Similarly, a spouse’s drug addiction, abuse, or cruelty may impact child custody matters if the child’s was exposed to these behaviors.

Pairing Mediation or the Collaborative Process with No-Fault Divorce

No-fault divorce is not the same as an uncontested divorce. With a no-fault divorce, there may still be issues that need to be resolved before a final judgment can be rendered. Mediation and the collaborative process are two forms of alternative dispute resolution that can help spouses settle the issues of property division, alimony, child custody, and support out of court.

With mediation, a neutral third party, called a mediator, helps facilitate communication and guides the spouses toward a resolution. While sometimes mediators are judges or lawyers, a mediator does not make decisions as a judge would or provide legal advice as an attorney. Rather, mediators can help spouses find common ground and identify creative solutions that might not be available in the courtroom. Mediation helps spouses focus on the future, instead of their conflict with each other.

The collaborative process uses a team of professionals who are assembled based on the specific issues in a case. These professionals help the spouses make informed decisions as a settlement is negotiated. A collaborative team may include mental health professionals, financial neutrals, and child custody experts, along with each spouse’s attorney. The process gives each spouse the opportunity to share their concerns and brainstorm options in order to reach a mutually acceptable, customized resolution.

Contact an Experienced Maryland Divorce Attorney

If you would like to learn more about the three no-fault grounds for divorce in Maryland and which may apply in your situation, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys will work closely with you to ensure that you are informed of your options. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.