DIVORCE LAW IN MARYLAND

Grounds for Divorce

The State of Maryland defines "absolute divorce" as the termination of marriage, and allows the parties involved to remarry, as well as enables a court having jurisdiction to determine property, support, and parenting issues between the parties. All divorces require proof of grounds. If you are filing for divorce, you need to have your grounds before you file. The grounds for an "absolute" or final divorce in Maryland are as follows:

1. One year's mutual and voluntary separation: living separately and apart for one year without interruption.
2. Two year's involuntary separation: living separately and apart for two years without interruption.
3. Adultery: It is very hard to obtain evidence of adultery by the testimony of eyewitnesses. But there is no need to "catch them in the act." Circumstantial evidence is sufficient. There must be evidence that (1) the alleged adulterer and paramour were inclined to commit adultery when there was an opportunity to do so, and (2) they were together at a time and place and under circumstances which provided them with an opportunity to engage in sexual intercourse.
4. Constructive desertion: desertion for one full year without legal cause, actual or constructive (you are forced to leave by the behavior of your spouse). Abandonment and desertion as grounds for divorce contain two elements: (1) ending cohabitation and (2) intent to end the marriage.
5. Conviction of a Felony or Misdemeanor: you or spouse requires incarceration for one year under a sentence of three or more years.
6. Insanity: confined to a mental institution for at least three years.
7. Cruelty: Cruelty includes mental as well as physical abuse. Evidence of controlling behavior, isolation from friends or family, taunting, violence and threats of violence, or other misconduct which is calculated to seriously impair the health or permanently destroy the happiness of the other spouse, will justify an absolute divorce on grounds of cruelty or excessively vicious conduct.
8. Excessively Vicious Conduct: A single act of violence, in order to constitute cruelty, must indicate the intent of the offending spouse to do serious bodily harm or be of such nature as to threaten or place the victim in serious danger in the future. (Source: Divorce.net)

You must be able to prove your grounds for divorce. If you cannot prove your grounds, accusing your spouse may be grounds for the court to award legal fees to your spouse. While awaiting the final divorce, it is important that you do not do anything to give your spouse grounds for divorce because your actions WILL be used against you.

[NOTE: In Maryland you cannot be living separate and apart under the same roof. This makes grounds for divorce difficult to prove.]

In cases of separation, desertion, cruelty and vicious conduct, it must be proven that there is no chance or expectation of reconciliation. A separation requires that the parties live separate and apart without living together continuously for the period of time in question.

In addition to an "absolute divorce", Maryland law provides for a "limited divorce", which is a court-sanctioned separation. In a "limited divorce" all parties involved remain married, however the court may order spousal and child support payments and award the use and ownership of the family home and contents. A "limited divorce" may be based upon the following grounds:

• Voluntary separation for any amount of time without the chance of reconciliation
• Cruelty
• Excessively vicious conduct
• Desertion
  

In addition, there may be other requirements for either "absolute divorce" or "limited divorce", including:

• Where you reside
• Obtaining personal jurisdiction over the defendant
• Proof of the marriage
• Validation of evidence

If you think you are ready for divorce, you should think about talking to a divorce lawyer about how to proceed. However, after two years of continuous, uninterrupted separation, your spouse is entitled to proceed with divorce, whether or not you agree.