.webp)
Introduction: Maryland as a “No Fault” State
Like many other jurisdictions, the State of Maryland does not require fault, or wrongdoing within the marriage, to obtain a divorce decree. In the past, jurisdictions throughout the country often had fault-based requirements for divorce, but those requirements have tended to decline substantially over time. In fault-based jurisdictions, the grounds tend to be similar: adultery or infidelity, physical abuse, mental or emotional abuse, desertion or abandonment, and so forth.
Although Maryland does not technically require fault, Marylanders are still required to cite one of several grounds to obtain a divorce. Of course, instances of fault may still be referenced in divorce petitions, but they are not mandatory; plus, fault may still be relevant in other ways, such as property division. But, Marylanders still need to perform the statutory requirements imposed under current law.
Physical Separation
The first ground is physical or residential separation. To establish this ground under current Maryland law, the parties need to live apart continuously for six months. This six month requirement is firm, and so the parties must live apart minimally for six months prior to filing for divorce (under this ground). In this context, the term “living apart" has a specific definition, and so parties need to be familiar with this prior to filing. For the purposes of establishing the ground of separation, the parties don’t necessarily need to occupy separate residences, but invariably need to be pursuing “separate lives.” For clarification of these concepts, potential litigants need to consult with an attorney well-experienced in this area. There have been many cases litigated in this area, as parties often have circumstances which fall into a gray or uncertain zone.
Irreconcilable Differences
Irreconcilable differences is not the same as fault, although certainly many marriages involving irreconcilable differences may also involve fault to varying degrees. This ground essentially means that the marital partners simply have issues between them which they are unable to resolve, and those issues are sufficient to cause a serious breakdown of the marriage. In other words, the parties simply acknowledge that they are not relationally compatible, due to unresolvable substantive issues.
This is a very commonly cited ground in the State of Maryland, as it is elsewhere throughout the nation. Part of the reason for this is simply accessibility: by comparison, the ground of irreconcilable differences is more accessible, because it doesn’t have the requirements of the other grounds.
Mutual Consent
The last ground is “mutual consent,” which essentially means that both parties agree to the divorce and its core terms. More exactly, to obtain divorce via mutual consent, the parties must develop a settlement agreement which resolves any property disputes, alimony, and child custody. Then, the parties must also complete a child support guidelines worksheet, and then the parties must avoid any written objections to the terms of the settlement agreement.
Of course, prior to obtaining divorce via mutual consent, the court needs to review the terms of the settlement agreement to ensure everything is satisfactory; the child custody related terms need to be consistent with the best interests of the child standard. If no problems exist, then the agreements may be formally integrated or merged into the divorce decree.
Contact the Murphy Law Firm for More Resources
To learn more about the grounds for divorce under current Maryland law, or about the residency requirements, irreconcilable differences, or any other related family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
