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» Maryland Divorce
How do I prove that my spouse committed adultery?
In order to obtain a divorce based on the grounds of adultery, you must prove that your spouse had the disposition and opportunity to commit the act. Circumstantial evidence is allowed to prove the adultery so long as it establishes both the disposition and the opportunity to commit the act. Private detectives, e-mails, photographs, and testimony from the paramour can all be used to establish the ground for adultery.
If I have minor children, or don't have a separation agreement, how long do I have to wait to get divorced in Maryland?
In Maryland, the parties typically must live separate and apart without cohabitation for twelve consecutive months before an absolute divorce can be granted. There are some grounds for divorce, like adultery, that do not require a waiting period, and you can also get divorced immediately if adultery is proven.
Can I get divorced right away?
Yes, so long as you and your spouse do not have minor children together; you have entered into a written separation agreement; and you both appear at the divorce hearing. If you meet these criteria, then there is no waiting period to get divorced under the ground of mutual consent.
Do I have to live in Maryland to get a divorce?
To get a divorce in Maryland, the grounds for the divorce must have occurred in Maryland, or at least one of the parties must have resided in Maryland for at least six months prior to filing.
What are the grounds for divorce?
IMPORTANT MARYLAND DIVORCE LAW UPDATE: Maryland's divorce laws changed significantly on October 1, 2023. Limited divorce was eliminated, the required separation period was shortened, and Maryland replaced its former grounds for divorce with three grounds for absolute divorce: six-month separation, irreconcilable differences, and mutual consent.
Maryland law changed significantly on October 1, 2023. There are now only three grounds for an absolute divorce:
- Six-month separation. The parties have lived separate and apart for at least six months without interruption before the divorce is filed. Importantly, spouses may qualify as separated even if they continue to live under the same roof, so long as they are pursuing separate lives.
- Irreconcilable differences. One spouse believes the marriage should permanently end because of differences that cannot be resolved.
- Mutual consent. The spouses have signed a written settlement agreement resolving all issues relating to alimony, property, and, when applicable, the care, custody, access, and support of their minor or dependent children.
The former grounds of adultery, desertion, cruelty, excessively vicious conduct, insanity, and conviction of a crime are no longer independent grounds for divorce in Maryland.