Divorce Laws in Maryland

Patrick Crawford | December 21, 2024

Divorce laws in Maryland are always being changed and updated—sometimes in small ways, sometimes in massive ways. So, staying abreast of the latest developments is a smart idea if you are considering filing for divorce. For example, as of October 2023, Maryland stopped offering “limited divorces.” This was Maryland’s version of legal separation.

Nothing has been offered legally as an alternative. At the moment, in Maryland, it’s 100% married or 100% divorcing, no “half-measure.” To know your options for a divorce, speak with an Annapolis divorce attorney as soon as possible.

Grounds for Divorce in Maryland

Another change that took place in Maryland in October was that “at-fault” divorces no longer exist. In the past, someone could file a contested, as in adversarial, divorce accusing their spouse of causing the divorce due to:

• Cruel treatment
• Adultery
• Being sent to jail
• Being separated for longer than one year
• Abandonment
• Insanity

Adversarial divorces require a trial in which, for example, a wife tries to prove her husband cheated on her, and he tries to prove that he didn’t. It’s similar to a lawsuit or a criminal trial with witnesses, evidence, and so forth. Maryland’s new divorce law instead offers a divorcing couple the grounds of “irreconcilable differences,” being separated for just six months, or mutual agreement. This cuts down on court time and expense, freeing up the court system substantially.

Limited Divorce

A limited divorce does not permanently end your marriage but allows spouses to live separately and address critical legal issues. Maryland recognizes limited divorce as a temporary legal solution when spouses are unable to resolve disputes but do not yet qualify for an absolute marriage dissolution. This option is beneficial for addressing immediate concerns such as child custody, financial support, and access to shared property.

To obtain a limited divorce in the state, you must establish one of the following legal grounds:

• Cruelty or excessively vicious conduct: When one individual’s behavior endangers the other spouse or their children.
• Desertion: If one spouse abandons the marital home without justification.
• Voluntary separation: Both parties agree to live apart without the intention of reconciliation.

It’s important to note that during a limited divorce, the couple is still legally married, which means they cannot remarry or engage in specific legal actions that would require a final dissolution of the marriage. However, the court may issue orders for spousal support (alimony) or child custody during this period, providing stability for both individuals until they are eligible for an absolute divorce. Maryland Courts offer guidance on limited divorce, including eligibility and grounds, to help residents better understand their options.

Absolute Divorce

An absolute divorce in Maryland permanently ends your marriage, allowing you to remarry and fully resolve all marital issues. This type of divorce addresses not only the legal termination of the relationship but also matters such as property division, spousal support, child support and child custody.

To qualify for this  divorce, one or more legal grounds must be proven:

• Adultery: There is no waiting period for an absolute divorce based on adultery, and circumstantial evidence—such as emails, texts, or photographs—can be used to support your claim.
• Desertion: If an individual leaves the marital home for at least 12 months without justification and has no intent to return.
• 12-month separation: Couples who have lived apart for an entire year without cohabitation can file for an absolute divorce without needing to prove fault.
• Conviction of a crime: A spouse convicted of a felony or misdemeanor with a sentence of at least three years qualifies after one year of incarceration.
• Insanity: Grounds include institutionalization for at least three years due to mental illness.

The state operates under an “equitable distribution” model, dividing marital property fairly but not necessarily equally. The People’s Law Library of Maryland outlines how property division, custody, and alimony issues are resolved during an absolute divorce. While no specific changes to the laws were enacted in 2023 or 2024, recent efforts continue to streamline uncontested divorces through electronic case filings and ADR initiatives.

Do I have to Move Out in Order to Get Divorced in Maryland?

No, you do not have to move out to file for divorce in Maryland, but living arrangements can impact the type of marriage dissolution you pursue. If you and your spouse remain in the same residence, you may not qualify for a divorce based on voluntary separation or the 12-month separation ground. But, if you are living apart within the same house, some courts may recognize this as separation if specific conditions are met.

For example, if spouses no longer share a bedroom, prepare meals together, or function as a married couple in any capacity, this can constitute separation even under the same roof. Documentation of these arrangements, such as affidavits or testimony, may be required to support your claim.

Additionally, moving out is not a legal requirement in cases involving fault-based grounds (e.g., adultery or cruelty). You can file for divorce while still residing with your spouse, but this can create complications. If domestic violence or safety concerns are present, you should prioritize your well-being and consider obtaining a protective order or alternative housing. 

Maryland court guidelines clarify that couples can still meet the requirements for specific grounds for divorce, even if they continue to reside in the same home, as long as they are no longer functioning as a marriage. While physical separation typically implies living in different residences, courts may consider a couple “separated” within the same household if they intentionally live independent lives. To establish separation within the same home, spouses must ensure they no longer engage in behaviors that reflect a marital relationship. Crucial factors that courts may consider include:

• Sleeping Arrangements: Spouses must sleep in separate bedrooms to demonstrate that they are no longer living as a couple.
• Meals: Shared meals should cease, as dining together may indicate a continuation of the marital relationship.
• Finances: Couples should avoid sharing expenses such as groceries, utilities, or other household costs typically paid jointly.
• Social Activities: Individuals must not engage in social or family activities together, such as attending events or vacationing as a unit.
• Communication: Interaction between both parties should be limited strictly to matters such as co-parenting or property management, avoiding behaviors that imply reconciliation.

Couples pursuing this arrangement must also provide evidence of their intent to separate, which can include:

• Sworn Affidavits: Written statements affirming that the spouses are living separate lives under the same roof.
• Witness Testimony: Testimony from friends, family, or neighbors who can confirm the couple’s separate lifestyles.
• Documented Changes: Proof of financial or personal arrangements changes, such as maintaining separate bank accounts or dividing household responsibilities.

These guidelines are particularly beneficial for individuals who are unable to maintain separate residences due to financial constraints or who wish to provide a stable home for their children during the divorce process. Maryland Courts stress that the intent to live separate and independent lives is fundamental, regardless of physical location within the same home.

Faster, Easier Divorces With the New Legislation

As you might have noticed above, divorces based on separation just got easier since the mandatory period got cut in half from one year to six months. Since irreconcilable differences were not an option before the new laws, couples who were amicably divorcing were forced to wait out a one-year separation before filing. To put that in perspective, in some states, it’s possible to get divorced in less than 60 days.

In addition to this period being reduced, the separation can happen while the couple is still living under the same roof. Previously, a couple was not considered separated until they maintained separate residences. The old law also had additional stipulations that the couple had to start the count over again on their separation time if they had sexual contact at any point. The six-month time period still must be continuous, however. All of these changes are good news for people stuck in abusive or violent marriages as well.

Navigating divorce laws can be complicated, but you can do so easily with help from a divorce attorney.

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Additional Resources on Maryland Divorce Law

Here is a helpful pamphlet from the State of Maryland about rights and responsibilities regarding Maryland divorce. If you would like to read the actual statutes that address family matters, you can do that in the Annotated Code of Maryland, Section 7.

Your Annapolis Divorce Lawyer Is Standing By Now

Let the Law Office of Patrick Crawford help with your now faster and easier Maryland divorce today. You never know when the laws may change again. Our Annapolis divorce attorney service focuses entirely on family law, whether it’s a simple custody modification or a complicated high net-worth divorce. You can trust Patrick Crawford’s knowledge, experience, and dedication. Contact our office now to schedule a consultation.