Yes. Maryland is a no-fault divorce state. As of October 1, 2023, the older fault-based grounds — adultery, desertion, cruelty, and the rest — were removed from the statute, and every divorce now proceeds on one of three no-fault grounds: six-month separation, irreconcilable differences, or mutual consent.1Maryland General Assembly. Maryland Code Family Law 7-103 – Absolute Divorce A spouse’s conduct during the marriage can still shape the money side of the case, but it no longer decides whether the divorce is granted.
The Three Grounds You Can File Under
Which ground fits depends on whether your spouse will cooperate, how long you have been living apart, and whether the two of you can sign off on a complete settlement.
Six-Month Separation
The most-used ground requires that you and your spouse have lived separate and apart for at least six continuous months before you file.1Maryland General Assembly. Maryland Code Family Law 7-103 – Absolute Divorce You can meet that requirement while still under the same roof, provided you are genuinely living separate lives: different bedrooms, separate finances, and no longer functioning as a couple.2Maryland Courts. Divorce in Maryland The rule reflects a practical reality — running two households during a separation is often unaffordable. Time spent apart under a court order, such as a protective order, also counts toward the six months.
Irreconcilable Differences
This ground lets either spouse file by stating in the complaint that the marriage has broken down for reasons that cannot be resolved. There is no waiting period, and your spouse does not have to agree.1Maryland General Assembly. Maryland Code Family Law 7-103 – Absolute Divorce The other spouse can answer the complaint disagreeing with the reasons, but Maryland law does not let one spouse block a divorce indefinitely.2Maryland Courts. Divorce in Maryland For someone whose spouse will not cooperate and who has not yet been separated for six months, this is the most direct path.
Mutual Consent
Mutual consent is the fastest ground when both spouses agree. There is no waiting period, but there is a paperwork requirement: a comprehensive written settlement agreement, signed by both spouses, resolving every open issue — alimony, property distribution, and the custody, access, and financial support of any minor or dependent children.1Maryland General Assembly. Maryland Code Family Law 7-103 – Absolute Divorce If child support is part of the deal, a completed child support guidelines worksheet has to be attached. Neither spouse can file to set the agreement aside before the divorce hearing, and the court has to be satisfied that any terms affecting children serve the children’s best interests. When a full agreement is possible, this ground avoids the six-month clock entirely.
“No-Fault” Does Not Mean Conduct Is Irrelevant
Removing fault as a ground did not remove it from the case. When a Maryland court sets alimony, the statute requires the judge to weigh “the circumstances that contributed to the estrangement of the parties.”3Maryland General Assembly. Maryland Code Family Law 11-106 – Alimony Determination The same phrase appears in the statute governing monetary awards for property division.4Maryland General Assembly. Maryland Code Family Law 8-205 – Monetary Award
So behavior during the marriage still matters. If one spouse dissipated marital assets on an outside relationship, hid money, or engaged in other financial misconduct, a judge can factor that in when deciding the size of an alimony award and how the marital estate is divided. The court will not refuse to grant the divorce because of that conduct, but the financial consequences can be significant. It is a common mistake to assume the no-fault label makes conduct evidence pointless.
Residency: When a Maryland Court Will Hear Your Case
At least one spouse has to meet the state’s residency rule before a Maryland court will take the case, and the rule turns on where the grounds arose.5Maryland General Assembly. Maryland Code Family Law 7-101 – Divorce
If the separation or other grounds occurred in Maryland, one spouse simply has to be a Maryland resident at the time the complaint is filed. No minimum time. If the grounds arose outside Maryland, the rule is stricter: at least one spouse must have lived in the state for at least six months before filing.5Maryland General Assembly. Maryland Code Family Law 7-101 – Divorce The distinction matters most for couples who separated in another state before one spouse moved to Maryland.
Limited Divorce Is No Longer an Option
Before October 2023, Maryland recognized two types of divorce. Absolute divorce ended the marriage. Limited divorce worked as a court-supervised legal separation: it did not end the marriage or permit remarriage, but it allowed the court to order temporary custody, support, and use of the home.6Maryland General Assembly. Maryland Code Family Law 7-102 – Limited Divorce Couples often used limited divorce to build up the twelve-month separation that the old law required for a no-fault absolute divorce.
The 2023 overhaul eliminated limited divorce entirely.7Maryland General Assembly. Maryland Senate Bill 36 – Chapter 645 (2023) With the separation window cut to six months and irreconcilable differences available on its own, the practical need for a middle option disappeared. Every divorce in Maryland today ends the marriage.
Choosing Among the Three Grounds
If you and your spouse can settle everything in writing, mutual consent gets you there fastest. If you cannot agree on terms but have been apart long enough, six-month separation is straightforward. If neither is true — your spouse will not cooperate and you have not yet been apart six months — irreconcilable differences is the ground that keeps the case moving. All three end in the same place: a final, absolute divorce.