Maryland 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 under Md. Code, Fam. Law Title 7. This process differs from a no-fault divorce and can impact alimony and property division. A Maryland fault based divorce lawyer from Law Offices Of SRIS, P.C. can guide you through the evidence and filing requirements. We offer 24/7 phone consultations at (888) 437-7747.

Last verified: April 2026 — V13.4 expansion | Maryland District & Circuit Courts (statewide) | Maryland General Assembly

In Maryland, a fault-based divorce is a legal process where one spouse must prove the other committed a specific marital wrong that justifies ending the marriage. Unlike a no-fault divorce based on separation, fault grounds such as adultery, desertion, or cruelty must be substantiated with evidence in court. This type of divorce filing can influence decisions on alimony and the equitable distribution of assets. Understanding the statutory requirements and procedural steps is critical, making experienced divorce representation essential.

The firm was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, Law Offices Of SRIS, P.C. has a documented track record in family law matters across multiple states.

Maryland Fault Divorce Laws and Grounds

Maryland law provides specific fault grounds for divorce. These are codified in Md. Code, Fam. Law Title 7. To obtain a divorce on fault grounds, the filing spouse (plaintiff) must present sufficient evidence to the court that one of the following grounds exists:

• Adultery: Voluntary sexual intercourse between the defendant and someone other than the plaintiff.
• Desertion: The defendant has abandoned the plaintiff for at least 12 months without justification, cohabitation, or the plaintiff’s consent.
• Cruelty of Treatment: Conduct by the defendant that endangers the plaintiff’s life or health or creates a reasonable apprehension of bodily harm.
• Excessively Vicious Conduct: A more severe form of cruelty that makes cohabitation unsafe or improper.
• Insanity: The defendant has been confined to a mental institution for at least three years with little chance of recovery, provided the plaintiff did not cause the condition.
• Imprisonment: The defendant has been sentenced to serve at least three years in prison and has served 12 months of that sentence.

Proving these grounds requires gathering evidence, which may include documents, witness testimony, or other records. The process is handled in the Circuit Court for the county where either spouse resides. For official court forms and local procedures, refer to the Maryland Judiciary website.

1. Consult with a Maryland fault based divorce lawyer to evaluate the strength of your grounds and evidence.
2. Gather and organize evidence supporting the specific fault ground (e.g., communications, financial records, witness statements).
3. File a Complaint for Absolute Divorce with the Circuit Court, stating the fault ground and requested relief (alimony, property division).
4. Serve the divorce papers on your spouse according to Maryland rules.
5. Proceed through discovery and pre-trial motions to exchange evidence and define the legal issues.
6. Present your case at trial if a settlement is not reached, where you must prove the fault ground.

Potential Outcomes and Considerations

In Maryland, a successful fault-based divorce can affect alimony awards and the court’s discretion in dividing marital property, though Maryland remains an equitable distribution state.

While Maryland divides property equitably (fairly, not necessarily equally) regardless of fault, proving fault can influence a judge’s decisions in several key areas:

• Alimony: A judge may consider marital misconduct when determining the amount and duration of alimony. Fault can be a factor in awarding alimony or in modifying an existing award.
• Custody and Visitation: While the primary standard is the child’s best interest, evidence of fault like cruelty could relate to a parent’s fitness if it impacts the child’s welfare.
• Case Timeline and Cost: Fault divorces are typically more adversarial, involving more discovery, motions, and potentially a trial. This often makes them longer and more expensive than uncontested, no-fault divorces.
• Defenses: The accused spouse may defend against the fault allegation by disproving it, proving condonation (forgiveness), connivance (consent), or recrimination (the plaintiff also committed a fault).

Case Results and Firm Authority

Law Offices Of SRIS, P.C. brings substantial experience to family law disputes. Founded in 1997, the firm has over 120 years of combined attorney experience. Our approach is grounded in thorough case preparation and a deep understanding of state-specific divorce laws.

While specific results are unique to each case, our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented case results with a 93%+ favorable outcome rate.

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

Secondary attorney Kristen Fisher, a former Maryland Assistant State’s Attorney, contributes significant local prosecutorial and courtroom experience to our Maryland family law team.

Fault Based Divorce in Maryland FAQs

Related Practice Areas: Contested Divorce Lawyer Maryland | Maryland Alimony Lawyer

Other Localities: Montgomery County Fault Based Divorce Lawyer | Baltimore City Fault Based Divorce Lawyer

Hub Page: Maryland Family Law Lawyer

Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.