Is the State of Maryland a No-Fault State for Divorces?

By Jimmy Verner

State laws normally include several grounds for divorce. Among the common grounds for divorce are adultery, cruelty, abandonment and desertion. Maryland recognizes these grounds for divorce, but in 2011 added a no-fault ground: a one-year separation between the spouses. This means that the spouses must have separate residences for at least one year and must not have sexual relations during that time.

State laws normally include several grounds for divorce. Among the common grounds for divorce are adultery, cruelty, abandonment and desertion. Maryland recognizes these grounds for divorce, but in 2011 added a no-fault ground: a one-year separation between the spouses. This means that the spouses must have separate residences for at least one year and must not have sexual relations during that time.

Mutual and Voluntary Not Required

Before Maryland amended the one-year-of-separation ground for divorce, the separation had to be both mutual and voluntary. In other words, both spouses had to agree to the separation -- and both spouses had to agree voluntarily. Thus, even when the spouses lived apart from each other and had no sexual relations for a year, one of the spouses could block the divorce by claiming that he did not agree to the separation and did not separate voluntarily. Now, a mere separation, without regard to the spouses' intents, makes true no-fault divorce possible in Maryland.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Can You Get Divorced in Maryland While Living Together?

References

Related articles

How Long Do You Have to Be Separated to Get a Divorce in Virginia?

If your marriage is no longer working, you have the option of filing for legal separation or divorce. Unfortunately, in Virginia, these options are not described in such a straightforward manner. Instead, legal separation is known as "divorce from bed and board," while an actual divorce is called a "divorce from the bond of matrimony." Considering the similarity in terminology, it's easy to get the two confused. To ensure you meet the requirements for a divorce, particularly the length of separation required, it's important to know and understand the differences between the two.

Desertion Penalty in a Maryland Divorce

When a relationship goes through a difficult time or reaches an end, a husband or wife may decide to leave the marital home. If one spouse leaves or abandons the other, desertion may become a legal issue if the couple divorces in Maryland. In some cases, spousal desertion can penalize a spouse in alimony, property and other divorce-related legal issues.

Can One Mate Refuse a Divorce in North Carolina?

In North Carolina, a spouse who doesn’t want a divorce can make the process take longer and cost more, but he cannot prevent it from happening if the other spouse is determined to divorce. You cannot actually refuse to get a divorce since North Carolina does not require that both spouses agree on divorce in order for the court to grant it.

Get Divorced Online

Related articles

Is the Absence of Sexual Relations Grounds for Divorce?

Sexual behavior outside the marriage and the lack of sexual relations within the marriage can serve as grounds for ...

New York State No Fault Divorce Laws

Every state recognizes no-fault divorce, but that wasn't always the case. Until recently, if you wanted a divorce in ...

Separation & Divorce in Virginia State

Living separate and apart for a period is a prerequisite for most grounds for divorce in Virginia. The state broadly ...

Divorce Laws in Maryland vs Virginia

The finer points of divorce can vary significantly from state to state, but Maryland and Virginia are remarkably ...

Browse by category