A fault based divorce in Prince George County requires proving specific grounds like adultery or cruelty under Maryland law. This path can impact alimony, property division, and custody. The Law Offices Of SRIS, P.C. provides strategic representation for fault-based cases. Our firm has extensive experience handling the Prince George County Circuit Court.

What Is a Fault-Based Divorce in Maryland?

Maryland is a hybrid divorce state, allowing couples to file for divorce on either no-fault or fault grounds. A fault-based divorce requires one spouse to prove the other committed a specific marital wrong that caused the breakdown of the marriage. Unlike a no-fault divorce based on separation, fault grounds such as adultery, cruelty, or desertion must be supported by evidence presented in court. Successfully proving fault can influence the judge’s decisions on critical issues like alimony (spousal support) and the equitable distribution of marital property. Understanding these legal distinctions is essential when deciding your divorce strategy.

Last verified: April 2026 | Prince George County Circuit Court | Maryland General Assembly

Fault Grounds for Divorce in Prince George County

Maryland law, specifically under Md. Code, Family Law § 7-103, outlines several fault grounds. An at-fault divorce lawyer Prince George County can help you build a case around the most applicable ground for your situation.

• Adultery: Voluntary sexual intercourse between your spouse and a third party. Proof can be challenging but may involve circumstantial evidence.
• Cruelty of Treatment: Conduct by one spouse that endangers the life, person, or health of the other, making cohabitation unsafe or intolerable. This includes both physical violence and severe mental abuse.
• Excessively Vicious Conduct: Similar to cruelty but often involving a sustained pattern of severe verbal, emotional, or psychological abuse.
• Desertion: The unjustified abandonment of one spouse by the other for at least 12 months without interruption, with the intent to end the marital relationship.
• Conviction of a Crime: If a spouse is convicted of a felony or misdemeanor and sentenced to at least three years in prison, and has served 12 months of that sentence.
• Insanity: Requires proof that the spouse has been confined to a mental institution for at least three years before the filing, with little chance of recovery.

1. Consult with a Fault Based Divorce Lawyer: Discuss the specifics of your case to determine if you have valid grounds and a strategic advantage in pursuing a fault-based divorce.
2. Gather and Document Evidence: Collect all relevant proof supporting your fault claim, such as communications, photographs, financial records, or witness statements.
3. File the Complaint for Divorce: Your lawyer will draft and file the initial pleading with the Prince George County Circuit Court, formally stating the fault grounds.
4. Serve Your Spouse and Proceed with Discovery: Ensure proper legal service. Both sides will exchange information and evidence through the discovery process.
5. Negotiate or Prepare for Trial: Many cases settle. If not, your lawyer will prepare to present your evidence and arguments at a contested divorce trial before a judge.

Potential Advantages of Proving Fault

While Maryland practices equitable distribution, proving fault can tilt the scales. A judge may consider marital misconduct when determining alimony awards. For instance, adultery or cruelty could lead to a higher alimony payment to the innocent spouse or affect how marital property is divided. In rare custody disputes, evidence of fault that demonstrates a negative impact on the child’s welfare may influence parenting time decisions. An experienced fault based divorce lawyer Prince George County can advise if the potential benefits outweigh the added cost and conflict of a fault-based proceeding.

In Prince George County, successfully proving fault grounds like adultery or cruelty can significantly influence a judge’s decisions on alimony and property division, though it requires clear and convincing evidence.

Case Results & Firm Authority

Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes in family law matters. Mr. Sris, the firm’s founder and a former prosecutor, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight into family law. While we handle cases across multiple states, our team understands the specific procedures of the Prince George County Circuit Court.

Results may vary. Prior results do not aim for a similar outcome.

Fault Based Divorce FAQs