Irreconcilable Differences Finally Added as No-Fault Divorce Grounds in Maryland
Maryland has lagged behind the no-fault divorce grounds trend in the U.S. for decades, but the addition of a true no-fault divorce grounds--irreconcilable differences--in October 2023, finally put the state on track with the rest of the country.
Prior to 2015, the only way to get divorced in Maryland without alleging fault grounds such as adultery, desertion, cruelty, 12-month criminal conviction, and 3-years insanity, was to be separated for 12 months prior to fiing for divorce. When the Maryland legislature added a mutual consent grounds in 2015, it gave couples a no-fault divorce option that did not require a pre-filing separation period. The statute did not, however, allow couples with minor children to take advantage of the mutual consent grounds.
In 2019, lawmakers fixed what was wrong with the mutual consent grounds by allowing couples with minor children to use it as well. Even with that change, the mutual consent grounds was far from perfect as it still required spouses to have a jointly signed settlement agreement disposing of all issues, which was not possible in default cases where the other spouse does not contest the divorce, but will not, for whatever reason, cooperate in the process by signing the necessary paperwork.
In October 2023, changes to Maryland divorce law reduced the 12-month separation grounds to six months and also added irreconcilable differences as a grounds. Irreconcilable differences only requires one spouse to allege that the marriage is over and cannot be repaired, and has the added benefit of not requiring a signed settlement agreement, making it available in cases where a spouse defaults. The 2023 law also eliminated the fault grounds that had remained available in Maryland.
Now, a divorce can be filed on one or more of the following grounds:
- Six–Month Separation. Spouses must live separate and apart for six months without interruption before the filing of the application for divorce. As long as they have pursued separate lives, they shall be deemed to have lived separate and apart even if still living under the same roof.
- Irreconcilable Differences. One spouse must believe that the marital issues cannot be resolved and the marriage is beyond repair.
- Mutual consent. The parties must agree that they want to end the marriage and must sign a settlement agreement that resolves all issues concerning property, debts, spousal support, and the care and support of their minor children.
While the Petitioner can allege as many of the three no-fault grounds as apply, only one is necessary to get divorced. Irreconcilable differences is the easiest of the three grounds because there is no pre-filing separation period, and since no written settlement agreement is required, it can be used in default divorce cases.
