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.