The information on this page is for general information only and is not meant to replace legal advice.

Family Law varies from state to state and the information on this page is in regard to Maryland Family Law only.   Maryland Family Law is sometimes changed, and therefore any information on this web site could be changed without notice at any time.

Individual laws cannot be fully comprehended without understanding how they interact with each other and within the elaborate Maryland Family Law Court system, and trying to interpret individual laws without understanding how they each interact with each other and within this system could lessen the chances of achieving an outcome in your case that you would consider favorable.

It is in your best interest to consult an experienced Family Law attorney to get specific legal advice regarding your individual case or situation before making any agreements or filing anything regarding a divorce or custody case.



There are two types of Divorce in Maryland

1)   Absolute Divorce; and
2)   Limited Divorce

Absolute Divorce is permanent, permits remarriage, and terminates property claims

Limited Divorce is not permanent, does not permit remarriage, and does not terminate property claims.   Limited Divorce serves only to legalize the separation and provide for support


The grounds for Absolute Divorce in Maryland are

1)   Adultery;
2)   Desertion, if:
  (i)  The desertion has continued for twelve months without interruption before the filing of the application for divorce;
  (ii)   The desertion is deliberate and final; and
  (iii)   There is no reasonable expectation of reconciliation.
3) Voluntary separation, if:
  (i)  The parties voluntarily have lived separate and apart without cohabitation for twelve months without interruption before the filing of the application for divorce; and
  (ii)   There is no reasonable expectation of reconciliation
4) Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
  (i)   Been sentenced to serve at least three years or an indeterminate sentence in a penal institution; and
  (ii)   Served twelve months of the sentence.
5)  Two-year separation, when the parties have lived separate and apart without cohabitation for two years without interruption before the filing of the application for divorce; or
6) Insanity if:
  (i)   The insane spouse has been confined in a mental institution, hospital, or other similar institution for at least three years before the filing of the application for divorce;
  (ii)   The court determines from the testimony of at least two physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
  (iii)   One of the parties has been a resident of this State for at least two years before the filing of the application for divorce.
7)  Cruelty of treatment toward the complaining party, if there is no reasonable expectation of reconciliation; or
8)   Excessively vicious conduct toward the complaining party, if there is no reasonable expectation of reconciliation

In Maryland the grounds for a Limited Divorce are

1)   Cruelty of treatment of the complaining party or of a minor child of the complaining party;
2)   Excessively vicious conduct to the complaining party or to a minor child of the complaining party;
3)   Desertion (no time limit that must pass before a party may file for a Limited Divorce, but the length of time is an element to be considered in determinng whether the alleged abandonment is enough to meet the requirements of this ground
4)   Voluntary Separation, if:
  (i)   The parties are living separate and apart without cohabitation; and
  (ii)   There is no reasonable expectation of reconciliation

Adultery is not a ground for Limited Divorce