What are the grounds for divorce in Maryland Montgomery Attorney

Grounds for divorce are the reasons for why you are ending your marriage and getting a divorce from your spouse. These grounds must be proven in court to be granted a divorce from your spouse. It is important to note that divorce won’t be granted by the judge unless your grounds for divorce align with at least one of the categories by the law in order in Maryland.

Fault Grounds in Maryland

By definition, fault grounds means that one of the spouses is to blame for the failure of the marriage. If your spouse is considered to be at fault by the judge of the court, this could potentially award you child custody and split assets in your favor.

Adultery in Maryland

If, without your consent, your partner has any sexual relations with another person that isn’t yo, that defines as adultery. To prove the act of adultery, which isn’t particularly a simple task, unless you’ve seen or witnessed it yourself, it is required by the court of you prove “disposition and opportunity.” The former means that your spouse has a romantic relationship of any sort with another person, and the latter means that your spouse has had a chance of spending time alone with this other person.

Desertion in Maryland

If, without your consent, your spouse leaves the marriage and is not present around the family at any moment in the time span of at least 12 months, that defines as desertion or abandonment. It is important that you can prove that you weren’t the reason for your spouse’s desertion of you. It is also important that your spouse has made it clear he is leaving permanently and there is no chance of reconciliation between the two of you at any point.

Another form of desertion is known as constructive desertion, which means that spouse who left did so due to abuse or any form of misconduct caused by their partner, which tends to be enough for the decision to be considered understandable and necessary.

Divorce due to Spouse’s Conviction of a Crime

Once your spouse serves the initial year of a 3 year or more sentence in prison due to conviction of a crime, you can file a divorce to court.

Voluntarily Separating From Each Other

If for at least 12 months , you and your spouse must live apart from each without cohabitation, you are granted the ability to use this a ground to apply for divorce. This is possible even if your spouse doesn’t agree to your decision.


This can be either mental or physical abuse caused by your spouse on you or your child. Thing that may be seen as abusive behavior include:

  • Verbal Abuse
  • Violence
  • Threats/blackmailing
  • Insulting or taunting

No-Fault Grounds

No-fault grounds mean that the couple both agreed in getting divorce and being separated from each other, ending the marriage. In the state of Maryland, a 12-month separation is the only np-fault grounds option available.

If you need a Maryland Divorce Lawyer to help you with your divorce case in Maryland, call us at 888-437-7747. Our Maryland divorce attorneys can help you. C

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