Is MD A No Fault State Montgomery Attorney

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The answer to this question is yes. Maryland has 7 grounds that can be used to ensure a divorce of which 6 are at-fault grounds and only 1 is a no-fault ground and they are:

Desertion: this occurs if one of the partners without the consent of the other partner leaves the marriage for at least 1 year. Moreover, if this occurs an individual will need to show the court that they did not incite their partners decision to leave along with showing that their partner`s final act of leaving was deliberate instead of just briefly leaving their home and seeing that there was no hope of resolving what led to the departure. Moreover, another form of desertion is known as constructive desertion. This only qualifies if one of the escaping partners is running away from abuse or cruelty inflicted by the other partner, as such a judge will evaluate if this reason for divorce is inevitable and rational.

Mental and physical cruelty: In Maryland, this actually counts as 2 grounds for divorce with the only similarity being abusive partners. This type of divorce ground relies on either mental or physical misconduct that is directed on either one of the partners or if they have any, a child. The types of abuses can be domestic violence, intimidation, taunting and verbal abuse among other forms of such cruel behavior.

Prison sentence: this type of ground divorce is only used if the convicted partner is serving either a 3 or more year prison sentence, in which case the spouse that wants a divorce can file for separation after the convicted spouse serves the first year of their sentence.

Incurable and perpetual insanity: this type of ground in Maryland will only be deemed acceptable for divorce if one of the partner`s proves that their partner is insane and incurable. This is established by a doctor’s verification on the mental condition of the insane partner along with proving that the insane partner has spent a minimum of 36 months in a mental institution.

Deliberate separation: this ground for divorce in Maryland only applies if either partner do not have sexual relations with each other while they live apart. Moreover, one of the partners can still file for divorce even if their other partner does not consent to the divorce.

Adultery: this ground for divorce is pretty self-explanatory in Maryland, but to clarify it is when one of the spouses has voluntary sexual relations with a non-spouse without their spouses consent. This is one of the hardest grounds to prove for the court because unless the adultery was witnessed by the wronged spouse then they will need to prove to the court that their spouse entered the non-spouse`s home at a certain periods along with proving their spouse committed adulterous dispositions such as hand holding kissing, hugging with the non-spouse in order for adultery to be accepted as grounds for divorce.

While the above mention grounds are all at-fault, the only no-fault ground for divorce that Maryland has is a one year separation between both spouses. This is used as an alternative to the no-fault ground termed “irreconcilable differences” that some states use for divorce.

If you need a Virginia No Fault Divorce Lawyer to help you with your No Fault Divorce case in Virginia, call us at 888-437-7747. Our Virginia No Fault Divorce Attorneys can help you.