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Home / Grounds for Divorce in Maryland

Grounds for Divorce in Maryland

To legally end a marriage in Maryland, you must establish one of the statutory grounds (or reasons) for divorce. Under Maryland law, a court can grant a divorce on the grounds of:

  1. 6-Month Separation
  2. Irreconcilable Differences
  3. Mutual Consent

Grounds for Divorce

1. 6-Month Separation

  • Definition: The parties must have lived separate and apart for 6 months without interruption before filing the application for divorce. Maryland law considers spouses who have pursued separate lives to have lived separate and apart for the purposes of divorce, even if they live in the same residence or if the separation is in accordance with a court order.
  • Purpose: This ground allows for divorce when the spouses have effectively ended their relationship and lived separate lives for an extended period.

2. Irreconcilable Differences

  • Definition: This term describes a situation where a married couple faces significant issues or conflicts that cannot be resolved, leading to the breakdown of their marriage. It means that the spouses have fundamental differences or problems that make it impossible or impractical for them to continue living together as a married couple.
  • Purpose: This ground provides a straightforward way to divorce when one or both parties believe the marriage cannot be saved due to fundamental disagreements or issues.

3. Mutual Consent

  • Definition: Both spouses agree to divorce and sign a written agreement, called a marital settlement agreement, that resolves all issues related to alimony, marital property, and the care, custody, and support of any minor or dependent children.
  • Purpose: This ground allows for a streamlined and amicable divorce process when both parties are in agreement.

Conclusion

Understanding the updated grounds for divorce in Maryland is crucial for anyone considering ending their marriage in the state. Whether opting for a divorce based on mutual consent, a 6-month separation, or irreconcilable differences, it's important to choose the ground that best fits your situation.

Consulting with a legal professional can provide guidance tailored to your specific circumstances and ensure a smoother divorce process.

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