Some marriages experience up and down periods over time, but others collapse in a way that makes staying together impossible. The law recognizes that certain situations grounds for immediate divorce in Maryland without the standard waiting period.
Whether you are considering a divorce because of adultery, desertion, or because both of you agree to separate, understanding these options can help you move forward without unnecessary delays.
No-Fault Grounds for Divorce in Maryland
Maryland allows couples to divorce without placing blame on either spouse. No-fault divorces can be less stressful and, in some cases, finalized much faster.
The two main no-fault grounds in Maryland are:
Mutual Consent
Mutual consent allows a couple to file for divorce immediately, eliminating unnecessary delays as long as the spouses finalize a written agreement on the division of property, alimony, and child custody (if applicable). Mutual consent is one of the quickest ways to end a marriage in Maryland.
Six-Month Separation
Maryland also allows no-fault divorce after six months of separation. Before filing for absolute divorce on these grounds, the spouses must have lived separately for the entire period without interruption. If the spouses maintain separate lives, this separation can even occur under the same roof.
Fault-Based Grounds for Divorce in Maryland
Fault-based divorces hold one spouse responsible for the breakdown of the marriage. If one spouse has sufficient evidence of the other spouse’s wrongdoing, the accusing spouse can file for divorce immediately without a separation period.
The most common fault-based grounds for divorce in Maryland include:
Adultery
While the law does not require direct proof of adultery, the accusing spouse must present strong circumstantial evidence, such as:
- Text messages, emails, or call logs showing an affair.
- Photos or witness testimony confirming a romantic relationship.
- Proof of secretive financial transactions, such as hotel receipts or gifts.
Because the law considers adultery a betrayal of the marital contract, the accusing spouse can file for an immediate divorce.
Desertion
Desertion, or abandonment, happens when one spouse leaves the marital home and shows no intent to return. Maryland law recognizes two types of desertion:
- Actual Desertion – One spouse walks away from the marriage without justification.
- Constructive Desertion – One spouse’s behavior forces the other to leave for their own safety or well-being.
To qualify for a divorce based on desertion, the abandonment must last at least 12 consecutive months.
Cruelty or Excessively Vicious Conduct
If a spouse is violent or emotionally abusive toward their partner or children, Maryland law allows the victim to file for an immediate divorce.
Evidence of cruelty can include:
- Medical records of documented injuries
- Police reports or protective orders
- Witness testimony from family, friends, or neighbors
When a spouse or their child is experiencing domestic violence, seeking immediate legal helpcan provide safety and a path forward.
Conviction
If a spouse is convicted of a crime and sentenced to three or more years in prison, the other spouse can file for divorce after the imprisoned spouse has served 12 months of their sentence.
Insanity
After one spouse spends at least three years in a mental health institution without hope of recovery, the other spouse may file for an immediate divorce. Medical testimony must confirm that the condition is incurable and, at least one of the spouses must reside in Maryland for at least two years before the filing.
Key Considerations for Immediate Divorce in Maryland
While Maryland law provides several options for divorce without the standard separation period, certain factors can affect the process:
- Proving Fault – Fault-based divorces require clear evidence. Without it, the court may not grant an immediate divorce.
- Legal Guidance – An experienced Maryland family law attorney can explain the options and help build a strong case.
- Alternatives – If proving fault is difficult, pursuing a no-fault divorce based on mutual consent or separation may be the best option.
A knowledgeable Maryland family law attorney can help with understanding these factors and determining the best course of action.
Contact Milstein Siegel for an Experienced Maryland Family Law Attorney
If you are considering divorce, the right legal strategy can make the difference between a drawn-out legal battle and a smooth transition into the next chapter of your life. Maryland law provides options for an immediate divorce without the standard waiting period. Understanding these options is the first step toward making the best decision for your future.
The family law attorneys at Milstein Siegel have exceptional working knowledge of divorce laws & grounds for immediate divorce in Maryland. We can help expedite the divorce process, while protecting your rights and interests. Call us now to schedule a confidential consultation, and take control of your future.
