People contemplating divorce often have many questions about the process. They don’t know what rules apply to property division and child custody matters. They are unsure of how much the process costs or how long it might take to complete.
In some cases, people are even unsure of whether they qualify to file for divorce or not. Many people have heard that spouses need evidence to prove that their situation meets the necessary standards for a divorce. Even in scenarios involving adultery and abuse, it can be difficult to gather enough evidence to convince the courts of the issues within a relationship.
Do people need proof of misconduct, abandonment or other issues to convince the Maryland family courts to grant them a divorce?
Maryland no longer offers fault-based divorce
Not that long ago, spouses in Maryland had the option of choosing between fault-based and no-fault divorce proceedings. In certain circumstances involving significant misconduct, one spouse could initiate a fault-based divorce. By providing the courts with evidence of certain types of misconduct, they could obtain a judgment effectively declaring their spouse as the party to blame for the end of the marriage.
The law changed in 2023, and Maryland did away with all fault-based divorces. Currently, only no-fault divorces are available in Maryland. Those no-fault divorces fall into three categories based on the circumstances around the filing.
Spouses can divorce under no-fault rules after a six-month separation. They can also divorce without a prior separation if either spouse asserts in court that there has been an irretrievable breakdown of the marital relationship. Such divorces can involve the spouse coopering for an uncontested divorce or one spouse filing because of their frustrations.
Maryland also allows for no-fault divorces based on mutual consent. The spouses can set their own terms and pursue an uncontested divorce based on their agreement. In general, spouses do not have to prove anything, other than living together separately for at least six months in some cases.
Realizing that no proof is necessary to move forward with a divorce can help people change an untenable family situation. Those with questions about divorce often need help as they prepare to make a drastic change to their family circumstances. Thankfully, personalized legal guidance is always available.