Bowie MD Fault Based Divorce Lawyer — What Are the Grounds for a Fault Divorce?
A fault based divorce in Maryland requires proving specific grounds like adultery, desertion, or cruelty. This legal path differs from a no-fault separation divorce. A Bowie MD fault based divorce lawyer from Law Offices Of SRIS, P.C. can guide you through this complex divorce filing. We provide focused divorce representation to protect your interests in a contested marriage dissolution.
Maryland Fault Divorce Law
Maryland law provides specific grounds for a fault-based divorce. You must prove one of these statutory grounds to the court’s satisfaction. The relevant statute is Md. Code, Family Law § 7-103. This section details the acceptable grounds, including adultery, desertion, cruelty, and conviction of a felony or misdemeanor with a prison sentence. Understanding these legal definitions is the first step in building your case.
Last verified: April 2026 | Prince George’s County Circuit Court | Maryland General Assembly
Court Process and Legal Strategy
Filing a fault-based divorce in Prince George’s County Circuit Court involves specific procedural steps. You must file a Complaint for Absolute Divorce stating the specific fault ground. The other party can file an Answer, potentially contesting the allegations. The process then moves to discovery, where evidence supporting the fault ground is gathered and exchanged.
- Consult with a Bowie MD fault based divorce lawyer to assess your evidence and grounds.
- Your attorney drafts and files the Complaint for Absolute Divorce with the Prince George’s County Circuit Court.
- The complaint is served on your spouse, who has a limited time to file an Answer.
- Both parties engage in discovery, exchanging evidence and information related to the fault allegations.
- Your lawyer prepares for potential settlement negotiations or a trial to prove the fault grounds.
Potential Outcomes and Considerations
In Bowie, a fault based divorce can influence the court’s decisions on alimony and the equitable distribution of marital property, though Maryland remains an equitable distribution state.
Proving fault can affect the outcome of your case. While Maryland divides property equitably (not necessarily equally), a judge may consider marital misconduct when deciding on alimony awards. The court has discretion to consider fault when determining if alimony is appropriate and in what amount.
Results may vary. Prior results do not aim for a similar outcome.
Our Approach to Fault Divorce Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine extensive experience in Maryland family law. We approach each fault divorce case with a clear strategy, focusing on the evidence required to meet the legal standard for your chosen ground. We understand the personal and financial stakes involved in contested divorce proceedings.
Case Experience
Our firm has handled numerous contested divorces across Maryland. We have experience presenting evidence for fault grounds and negotiating settlements in high-conflict situations. While results in any legal case depend on specific facts, our goal is to provide strong, evidence-driven representation.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Bowie Fault Divorce Attorney
If you are considering a fault-based divorce, speak with a lawyer who understands the required proof. Our Bowie MD fault based divorce lawyer is accessible to discuss your situation. Kristen Fisher, a former Maryland Assistant State’s Attorney with extensive courtroom experience, is also part of our Maryland family law team.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
Meetings by appointment only.
Our Rockville location serves clients in Bowie and Prince George’s County. We offer 24/7 phone consultations. For detailed information on court procedures, you can review resources provided by the Maryland Judiciary.
Fault Based Divorce FAQs
What are the fault grounds for divorce in Maryland?
Yes. Maryland law lists several fault grounds: adultery, desertion (for at least 12 months), cruelty of treatment, excessively vicious conduct, and conviction of a felony or misdemeanor with a prison sentence of at least three years, provided you have not voluntarily cohabited after knowing of the conviction.
Does proving fault aim for I will get alimony?
It depends. While proving fault like adultery or cruelty can be a factor for the court to award alimony, it is not an automatic aim for. The judge will consider all statutory factors, including the recipient’s need, the payer’s ability to pay, the length of the marriage, and the circumstances that led to the divorce.
How long does a fault-based divorce take in Maryland?
A contested fault divorce typically takes longer than an uncontested, no-fault divorce. The timeline depends on the court’s schedule, the complexity of gathering evidence, and whether the grounds are disputed. It can range from several months to over a year if the case goes to trial.
Can I switch from a fault to a no-fault divorce?
Yes. You may be able to amend your complaint or file a new one. If you and your spouse have lived separate and apart without cohabitation for the required period (12 months if mutual consent is not used), you may qualify for a no-fault divorce, which can sometimes simplify the process.
What evidence is needed to prove adultery?
Evidence can include direct proof, like photographs or witness testimony, or circumstantial evidence that leads to a reasonable conclusion of adultery. This might include hotel receipts, communication records, or testimony about opportunity and inclination. The standard of proof is a preponderance of the evidence.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.