Divorce Law | Maryland | Washington D.C
Maryland recognizes two (2) types of divorces, namely, limited divorce and absolute divorce. In your complaint for divorce you must specify the type of divorce that you are seeking (absolute or limited divorce), your ground(s) for the type of divorce you are seeking, and state all the required elements for each ground. In other words, you must tell the court a legally acceptable reason why you are entitled to terminate your marriage and obtain a divorce.
The legal grounds for absolute divorce in Maryland are: Adultery, Desertion, Criminal Conviction (of certain crimes), 12 Month Separation, Insanity, Cruelty of Treatment, Excessively Vicious Conduct, Mutual Consent.
You may request a divorce based on more than one ground for divorce even though they may seem inconsistent. For example, you may ask for absolute divorce based on desertion, 12-month separation, and adultery all at the same time and in the same complaint for absolute divorce. When the requirements for a ground for divorce are not fully satisfied at the time of the filing of complaint for absolute divorce, for example if the 12-month required period for desertion has not been met, then we may want to start the process by initially filing a complaint for limited divorce (which does not require a 12-month separation) and then later amend that complaint for absolute divorce once the 12-month period is ripe. The benefit of this strategy is that you will not have to wait to start the process until the 12-month period is completed and it speeds up the process so you can obtain your divorce decree faster. Feel free to contact me for an appointment if you would like additional information or are seeking experienced, aggressive representation in your divorce case.
It should be noted that Mutual Consent is only available only to married couples without married children until October 1, 2018; however, based on a newly passed law, married couples with minor child(ren) may file for absolute divorce based on Mutual Consent after October 1, 2018, provided that the above requirements are fully satisfied.