Divorce and Separation

Under Maryland law, an “absolute divorce” terminates the marriage, allows the parties to remarry, and enables a court having jurisdiction to determine property, support and parenting issues between the parties. 

The court may decree an absolute divorce on the following grounds:

(1)  a 6-month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce;

(2)  irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or

(3)  mutual consent, if:

(a)  the parties submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:

1. alimony;
2. the distribution of property; and
3. the care, custody, access, and support of minor or dependent children. 

(b)  neither party files a pleading to set aside the settlement agreement prior to the

divorce hearing required; and

(c)  after reviewing the settlement agreement, the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.

Parties who have pursued separate lives shall be deemed to have “lived separate and apart” for purposes the 6-month separation even if:

(1) the parties reside under the same roof; or

(2) the separation is in accordance with a court order.

There may be additional requirements for a judgment of “absolute divorce”, including residency, obtaining personal jurisdiction over the defendant spouse, proof of the marriage, and corroboration of evidence.  The proof required in any particular case should be discussed with counsel.

Prior to the final hearing or trial, the court may award spousal and child support, custody, visitation, use of the family home and family use property, and attorneys’ fees on an interim basis.