Sign up here for your Initial Office Conference

Maryland Family Law Firm, L.L.C
Maryland Divorce and Custody Lawyers
What Can We Do To Help You?
17 West Jefferson Street, Suite 5
Rockville, Maryland 20850
Tel: (301) 769-6846
Toll-Free: (866) 425-4224

Grounds

Grounds

There are two main types of “grounds” for absolute divorce: those based on time and those based on fault. Maryland law does NOT allow “irreconcilable differences” as a “ground” for divorce! Many attorneys in Maryland who practice in other jurisdictions include this as a “ground” for divorce, but they are wrong! If your spouse has filed for divorce based on “irreconcilable differences” you need the advice and help of an experienced Maryland divorce attorney.  Here is some general information to help you understand a bit more about the “grounds” for absolute divorce in Maryland.

 

Time-Based “Grounds” for Absolute Divorce:

  • In the Spring of 2011, the Maryland legislature passed a bill abolishing the need to prove that a separation was voluntary. Now, Maryland has taken one step closer to true “no-fault” divorce. The only requirement is that the separation have been continuous, uninterrupted and without cohabitation for a period of twelve (12) months.
  • Separate and apart: So far, Maryland still requires that you live in separate residences, NOT in the same house in separate rooms, to qualify for an absolute divorce on either of the time-based grounds, as well as for the fault-based grounds that require a time period (desertion and constructive desertion). No exceptions until the legislature changes the statute.
  • Without cohabitation: This means that not only must you live in separate residences, you cannot have resumed marital relations with your spouse at any time during the time-based grounds for divorce, as well as for the fault-based grounds that require a time period (desertion and constructive desertion). No exceptions until the legislature changes the statute.

Fault-Based “Grounds” for Absolute Divorce:

  • Adultery:A lot of folks think they can claim their spouse has committed adultery because they’ve found compromising emails on their home computer. This is NOT sufficient proof to claim adultery. And for the record, snooping around your spouse’s computer if you don’t have a shared password, or using password cracking software or software that “monitors” the keystrokes of an email account to which you don’t have the password can get you in serious criminal difficulty. Don’t do it! Another thing that doesn’t “prove” adultery are racy text messages or Facebook entries. In order to claim adultery, you must be able to prove that your spouse had motive to commit adultery and the opportunity to do so, and you must be prepared to provide the court with a corroborating witness to prove both the motive and opportunity. If you have all of these elements, you don’t have to wait for any period of time to file for divorce and you may be able to get divorced based on an adultery claim, but don’t try to figure it out for yourself! Contact us today for an initial office consultation.
  • Cruelty:Cruelty means that your spouse has been abusive to you, no exceptions. It means that your spouse has engaged in a pattern of violence toward you and/or your child(ren) (either mentally or physically) that allows you to prove the abuse to the court. It does not matter whether you are a husband or a wife. What you cannot do is use only a protective order paper to show you were abused. If you have a protective order, you will have to present all of the evidence you presented at the protective order hearing again at your divorce to prove cruelty. But whether you have a protective order or not, if your spouse has treated you in a way that threatens your physical or mental health in an immediate sense, you don’t have to wait any period of time to file for divorce and you may have grounds for divorce based on cruelty, but don’t try to figure it out for yourself! Contact us today for an initial office consultation.
  • Excessively Vicious Conduct:Excessively vicious conduct is a lot like cruelty, except that you don’t need a pattern of conduct to prove you were abused. Like cruelty, you also don’t need a period of time before you can file for divorce. What you do need to be able to prove is that your spouse was so vicious to you or your child(ren), even on a single occasion, that you reasonably believe he or she can and will do so again. If your spouse has treated you, even once, in a way that was so violent that you reasonably believe it could happen again, you may have grounds for divorce based on excessively vicious conduct, you may have grounds for divorce, but don’t try to figure it out for yourself! Contact us today for an initial office consultation.
  • Desertion:Desertion isn’t all it’s cracked up to be. It doesn’t just mean your spouse moved out (although a lot of Maryland attorneys file for divorce claiming desertion on those facts). What it means is that your spouse both moved out and abandoned you and your family without any justification, intending to abandon and end the marriage. Abandonment often means no communication. Left the bills for you to pay. Cut off the checking account. And so on. And that he or she did so without any good reason and without your agreement. Not only that, but the desertion must have continued for one (1) full year, without interruption and without the couple resuming marital relations. But don’t try to figure out for yourself whether this ground for divorce applies to you! Contact us today for an initial office consultation.
  • Constructive Desertion:This “ground” is not specifically identified as a “ground” for divorce in Maryland’s statute. It was developed by case law, beginning in 1958, but it is a recognized ground for divorce in Maryland. Usually, it applies to cases where there is bad conduct on the part of one spouse, but not so bad as to rise to the level of cruelty or excessively vicious conduct. If one spouse behaves so badly that his or her behavior drives the other spouse from their residence and makes it impossible to continue being married without threatening the “health, safety, and self- respect,” of the spouse who leaves, and the constructive desertion has continued for one (1) full year, without interruption, and without the couple resuming marital relations, then the spouse who left can file for an absolute divorce based on constructive desertion. But don’t try to figure out for yourself whether this ground for divorce applies to you! Contact us today for an initial office consultation.
  • Incarceration:This “ground” isn’t often used, but requires that one spouse have been convicted in any state or Federal court of a felony or misdemeanor and, before the complaint for divorce is filed, have been sentenced to serve at least three (3) years OR an indeterminate (such as a life) sentence AND have served at least twelve (12) months of the sentence. This is a difficult ground to claim and to prove, so don’t try to figure out for yourself whether it applies to you! Contact us today for an initial office consultation.
  • Insanity:This “ground” also isn’t often used, but requires that, at the time the complaint for divorce is filed, the insane spouse have been kept in a mental institution or hospital or similar place for at least three (3) years, and that two (2) physicians testify that the insanity of the spouse is incurable and there is no hope of recovery. This is a difficult ground to claim and to prove, so don’t try to figure out for yourself whether it applies to you! Contact us today for an initial office consultation.