Blogs from January, 2026

In the past few years, there have been several changes to divorce law in Maryland that impact proceedings in 2026. These recent reforms are meant to streamline the legal framework of divorce and make the process more accessible, efficient, and less contentious. Specifically, these updates include a full shift to a no-fault divorce system, a reduction in the required separation period, new rules concerning a spouse’s assumable mortgage rights, and substantial changes to the standards used to determine child custody matters.

Recent updates impacting divorce law in Maryland in 2026 include the following:

1. Elimination of Fault-Based Grounds

In recent years, Maryland removed the fault-based grounds for divorce, shifting the state entirely toward a no-fault system based on irreconcilable differences, mutual consent, or a six-month separation. While these changes went into effect in October 2023, they continue to transform how couples approach divorce by eliminating the need to prove a spouse’s wrongdoing. The legislation also reduces the complexity often associated with divorce and can help reduce conflict.

In addition to simplifying divorce procedures, this new divorce law in Maryland can help promote privacy in divorce and allow families to avoid airing sensitive matters in an open courtroom on the record. Notably, in certain instances, spousal misconduct such as adultery can still play a role in determining alimony or property division, particularly in cases where it leads to dissipation of marital assets.

2. Separation Requirements Shortened

Prior to the 2023 change to Maryland divorce law, a 12-month separation was required to obtain a divorce based on separation. Recently, the law has changed this requirement to 6 months. Couples are no longer required to live separately in separate homes to fulfill the separation requirement. Now, couples can still reside under the same roof so long as they live independent lives while they wait for the six-month separation to occur.

The shortened separation requirement helps to remove some of the financial barriers a spouse with limited means might otherwise face in leaving an unhappy marriage. It also lessens the emotional strain spouses might feel by drawing out their divorce for an entire year before they are eligible to file. The new separation law and flexibility with respect to living arrangements can allow for more strategic and economically efficient separation planning.

3. Assumable Mortgage Rights

As of October 2025, the laws have changed, and it is now easier for spouses to transfer mortgage liability on most conventional loans. The new assumption rules allow a spouse remaining in the home to avoid refinancing if he or she financially qualifies. Assumption also helps to reduce the need for a forced sale due to the inability to qualify for a new mortgage and buy-out at a potentially much higher interest rate. Mortgage companies will still determine whether a spouse assuming the mortgage meets the necessary financial criteria to qualify for the mortgage on his or her own. This law can help preserve financial stability for the spouse keeping the home and help enhance fairness regarding property division.

4. Dissipation of Assets Heavily Scrutinized

Although adultery has been removed as a fault-based ground for divorce in Maryland, incurring lavish dating expenses during separation will be heavily scrutinized by courts based upon the precedent set in a key 2025 appellate case. In Sims v. Sims, the court clarified the rules regarding dissipation of marital assets. The court held that once a spouse shows significant spending on a paramour during separation, the burden shifts to the spending spouse to demonstrate that his or her expenses were legitimate. The case also specified and confirmed that assets acquired during the period of separation are still considered marital property.

5. Change in Child Custody Standards

Effective October 1, 2025, Maryland’s child custody laws codified 16 specific factors for determining the “best interests of the child” in custody cases. By outlining the factors for a judge to consider, this update reduces reliance on ambiguous case law and helps promote a standardized, uniform, and child-centric approach.

The new factors include:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising a child;
• The child’s relationship with each parent, any siblings, and other relatives, and individuals important in the child’s life;
• The child’s physical and emotional security and protection from exposure to conflict and violence;
• The child’s developmental needs;
• The child’s day-to-day needs;
• How to place the child’s needs above the parents’ needs, protect the child from parental conflict, and maintain the child’s relationship with parents and others likely to have a significant relationship with the child;
• The child’s age;
• The military deployment of a parent and its effect on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home and how it relates to the coordination of parenting time, school, and activities;
• The parents’ relationship with each other.
• The child’s preference; and
• Any other relevant factors the court considers appropriate.

The law also applies to modifications of existing custody orders and further strengthens the legal protections against abuse and neglect of children.

Contact an Experienced Maryland Divorce Attorney

If you have questions about the changes to divorce law in Maryland and how these changes might impact your case, it’s important to consult with a knowledgeable divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide reliable representation for divorce and a wide variety of family law matters. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

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 are 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 on the same roof. However, they must maintain separate lives as demonstrated by separate finances, private bedrooms, etc.
• Irreconcilable differences: Irreconcilable differences are 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 that 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 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 (240) 652-2596">(240) 652-2596 or contact us online.