Grounds for Divorce in Maryland

Patrick Crawford | March 18, 2025

Divorce is never easy—emotionally, financially, or legally. If you’re considering ending your marriage, understanding the grounds for divorce in Maryland is crucial to navigating the process effectively. At The Law Office of Patrick Crawford, we explain the legal grounds, the distinction between immediate and absolute divorce, and how to build a strong case for your situation.

Understanding Divorce Laws in Maryland

Maryland law allows both no-fault and fault-based divorces. Each type has specific legal requirements and potential implications for property division, child custody, and alimony. Knowing the distinctions can help you make informed decisions about your future.

No-Fault Grounds for Divorce in Maryland

No-fault divorce provides a way for couples to legally separate without blaming one another. The two primary no-fault grounds include:

• Six-Month Separation: Couples who live apart continuously for at least six months without cohabitation can file for divorce. This method is often straightforward and avoids contentious disputes.
• Mutual Consent: Both spouses agreeing to a divorce and submitting a signed settlement agreement addressing alimony, property division, and child-related matters can make the process quicker and less stressful.

Fault-Based Grounds for Divorce in Maryland

Fault-based grounds require one spouse to prove the other committed certain actions justifying the divorce. These include:

Adultery

Engaging in an extramarital affair. Evidence such as photos or witness statements may be required.

Desertion

Abandoning the marriage for at least 12 months with no intent to return. This can be physical (leaving) or constructive (neglecting marital obligations while still living together).

Cruelty of Treatment

Physical or emotional harm inflicted by one spouse is often seen in cases of abuse.

Excessively Vicious Conduct

Severe harm or risk posed to the spouse or children, including extreme violence or malicious actions.

Conviction of a Crime

A spouse is sentenced to at least three years in prison, with at least 12 months already served.

Insanity

A spouse confined to a mental institution for at least three years with no hope of recovery may be grounds for divorce.

Fault-based divorces often require substantial evidence, making the process more complex. 

Immediate vs. Absolute Divorce: What’s the Difference?

Maryland offers two types of divorce:

• Limited Divorce (Immediate Divorce): This grants legal separation without ending the marriage, allowing couples to address custody and financial matters while living apart.
• Absolute Divorce: This legally dissolves the marriage, allowing both individuals to remarry. Grounds for divorce in Maryland apply to absolute divorce cases.

How to Prove Grounds for Divorce in Maryland

To file for divorce, you must present evidence supporting your chosen grounds. This may include:

• Witness testimonies
• Photos, emails, or messages
• Legal documents, such as a separation agreement Each case is unique, and legal guidance can help you navigate the evidence requirements.

Seeking Legal Guidance for Your Divorce Case

Understanding your rights and options is critical when seeking a divorce. Patrick Crawford, an experienced divorce attorney, and his team are here to guide you through the legal process. Contact the Law Office of Patrick Crawford at 170 West Street, Annapolis, MD 21401, or call 678-960-7648 for a consultation today.