In Maryland, there are two distinct ways a couple can get a divorce. If a couple is ready to call it quits altogether, end their legal relationship and move forward with their separate lives, then an “absolute divorce” is the mechanism for doing so. Read on to learn more.
There are plenty of different ways people can get married, and in Maryland, there are two distinct ways a couple can get a divorce. Maryland couples can end their marriage through either an “absolute divorce” or a “limited divorce.”
As the name implies, the latter type of divorce doesn’t completely end the marital relationship. Similar to what is called “legal separation” in many other states, a Maryland “limited divorce” in Maryland is a legal proceeding in which the parties and the court must resolve the same important issues that must be addressed in a full divorce, such as property division, maintenance, and child support, custody and visitation. However, after those issues are resolved, either through a negotiated agreement or a judge’s ruling, the parties will remain legally married, even though they are divorced from “bed and board,” meaning that they live separate and apart.
But if a couple is ready to call it quits altogether, end their legal relationship and move forward with their separate lives, then an “absolute divorce” is the mechanism for doing so.
Specified Grounds for Absolute Divorce
A Maryland court can grant a couple an absolute divorce either for specified, statutory grounds or by “mutual consent” if the parties have reached an agreement as to all issues that must be resolved in a divorce, such as property division, spousal maintenance, and child custody, visitation, and supports.
The “fault-based” grounds for obtaining a Maryland divorce are:
- Adultery;
- Actual or constructive desertion, if the desertion is deliberate and final, has continued for 12 months without interruption, and there is no reasonable expectation of reconciliation;
- A felony or misdemeanor conviction, if the defendant has been sentenced to serve at least three years, and has served 12 months of the sentence;
- 12-month separation, where the parties live separate and apart from each other in separate residences, without interruption and sexual intercourse, for 12 months or more before filing a divorce application;
- Insanity, where one spouse has been in a mental institution, hospital, or other similar institution for at least three years before the date of filing of this Complaint and where two psychiatrists will testify that the insanity is incurable and there is no hope of recovery; or
- Cruelty of treatment or excessively vicious conduct toward the other spouse or a minor child, if there is no reasonable expectation of reconciliation.
Mutual Consent
In 2015, Maryland finally allowed for “no-fault” divorce by providing a way for couples to get a divorce by “mutual consent.” Up until 2018, only couples without minor children could obtain this type of divorce; it is now available to any couple if they can reach an agreement as to all contested issues.
It is almost always better – emotionally, practically, and financially – for a couple to try to reach agreements between themselves rather than have a judge make such decisions for them. If the parties can accomplish that, then they can obtain an absolute divorce by mutual consent.
Specifically, a judge can grant an absolute divorce on the grounds of mutual consent, if:
- The parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:
- alimony;
- the distribution of property; and
- the care, custody, access, and support of minor or dependent children;
- the parties attach to the settlement agreement a completed child support guidelines worksheet if the settlement agreement provides for the payment of child support; and
- the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.
If the court decrees an absolute divorce on the ground of mutual consent, the court may merge or incorporate the settlement agreement into the divorce decree and modify or enforce the settlement agreement as authorized by statutory provisions.
Baltimore & Towson Family Lawyer Amar S. Weisman
Serving individuals and families in Towson and the greater Baltimore area, attorney Amar S. Weisman provides sound guidance and compassionate counsel in divorce and family law matters. I offer free initial consultations and am dedicated to providing every client with personalized and effective divorce representation. Please call me at (410) 321-4994 to learn more.
yes
no
Thank you for your rating! Other users will thank you for it!