Divorce

Maryland Law Recognizes three grounds for Divorce: 6 Month Separation, Irreconcilable Differences, and Mutual Consent.

6 Month Separation

Under Maryland law, six months separation is a basis for absolute divorce if the parties have lived separate and apart without interruption before the filing of the complaint for absolute divorce. Even if the parties reside in the same home, or if the separation is pursuant to a court order, the parties “who have lived separate lives” for at least six months qualify as living separate and apart.

Irreconcilable Differences

Irreconcilable differences is a new ground for absolute divorce beginning in October of 2023, the specific language included in the new version of Md. Code, Fam. Law § 7-103 is “irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage.”

While the statute does not provide a definition or explanation of what qualifies as an irreconcilable difference and there is currently no Maryland case law available to interpret irreconcilable differences, irreconcilable differences are differences between spouses which cannot be resolved. In other words, the marital relationship is now broken and cannot be repaired. Examples could include differences between the parties on how to raise children, differences about religion, financial matters, or general disagreement between the parties of a lasting nature.

The parties need not agree that their differences are irreconcilable. If one spouse believes that the marriage cannot be repaired, it is unlikely that the other spouse will be able to prevent a divorce by asserting that the parties’ differences can be reconciled.

Mutual Consent

In order to file for absolute divorce on grounds of mutual consent, the parties must reach and submit a written settlement agreement signed by both parties that resolves all issues relating to the marital estate, including alimony, monetary award, and the distribution of property.

If the parties have minor children together, the written settlement agreement must also resolve all issues relating to the care, custody, access, and support of minor or dependent children. The parties must also submit a child support guidelines worksheet. Provided that neither party files a written request to invalidate or set aside the settlement agreement before the divorce hearing, the court will grant an absolute divorce based on mutual consent if the court is satisfied that any terms of the settlement agreement relating to minor or dependent children are in the best interests of the children. If a court grants an absolute divorce based on mutual consent, the court may merge or incorporate the settlement agreement into the Judgment of Absolute Divorce.

Mutual consent will remain an attractive option for couples who are able to reach an agreement regarding all issues relating to alimony, property distribution, child custody and child support. In a settlement agreement, the parties or their attorneys can craft creative provisions tailored to a couple’s unique circumstances. Regardless of any agreement you may have reached, the courts will look to determine the "best interests" of the child.