The grounds for a divorce will depend on the type of divorce that you are looking to pursue. Maryland's divorce laws are different than many other states in that you are unable to use 'irreconcilable differences' as grounds for divorce. The two types of divorce to file for are: no-fault divorce or divorce on fault grounds. It may seem pointless to use fault grounds when you can achieve divorce without fault, but some choose to use the route of fault grounds in order to gain advantage in divorce matters. When fault grounds are used, you often are at an advantage when it comes to child custody and property division decisions. The fault grounds for divorce are:
- Adultery
- Desertion
- Criminal convictions
- Insanity
- Cruelty
- Excessively vicious conduct
Maryland uses the term 'absolute' divorce when talking about a divorce that is final. Any of the above grounds can result in an absolute divorce. Keep in mind, these grounds will require evidence. When pursuing the route of a no-fault divorce, the grounds for divorce have to do with time spent living separately. If you and your spouse have voluntarily and mutually decided to live separately for one year, you are eligible to file for a divorce under no-fault grounds. You can also do so if you have been involuntarily living separately for two years without interruption.
If you have any further questions regarding the types of divorce in Maryland or the grounds required to pursue divorce, we are here to help. We have been helping clients in their divorce cases for nearly 30 years. Give us a call today to set up your initial, confidential consultation. The Law Office of Nicholas T. Exarhakis can provide you answers and tips for your case and walk you through each step of the divorce process.