Grounds for Immediate Divorce in Maryland: Your Complete Guide

Published May 30, 2025

Divorce is a life-changing decision, and in Maryland, recent changes to the law have made it easier for couples to end their marriage quickly and with less conflict. Since October 1, 2023, Maryland has shifted to a no-fault divorce system, eliminating the need to prove wrongdoing and offering three straightforward grounds for an absolute divorce: mutual consent, six-month separation, and irreconcilable differences. These grounds allow for faster resolutions compared to the old 12-month separation requirement, making “immediate” divorce possible in certain cases

Maryland’s No-Fault Divorce Revolution

Before 2023, Maryland’s divorce process included fault-based grounds like adultery or cruelty, alongside a 12-month separation requirement for no-fault divorces. The passage of Senate Bill 36 changed that, streamlining the system to focus solely on no-fault grounds. This reform eliminates the need to air personal grievances in court, reducing emotional strain and legal costs. The three grounds—mutual consent, six-month separation, and irreconcilable differences—offer flexibility, with some allowing couples to finalize their divorce in as little as two to three months. Let’s dive into each one.

Ground 1: Mutual Consent – The Quickest Way to Divorce

What Is Mutual Consent?

Mutual consent is the fastest route to divorce in Maryland because it has no waiting period. It’s designed for couples who agree to end their marriage and have settled all related issues, such as dividing property, deciding on alimony, and arranging child custody (if applicable). To proceed, you and your spouse must sign a marital settlement agreement (form CC-DR-116) that outlines these terms and attend a court hearing to confirm your mutual decision.

How It Works

• Who Can Use It: Any couple, with or without children, as long as both spouses agree on all terms. For parents, the agreement must include a parenting plan that prioritizes the children’s well-being.
• Steps:
  1. Draft and sign a marital settlement agreement, preferably with a lawyer’s guidance to ensure it’s fair and legally sound.
  2. File a Complaint for Absolute Divorce (form CC-DR-020) with the agreement attached at your local circuit court.
  3. Serve the complaint to your spouse through a sheriff, private process server, or certified mail.
  4. Attend a brief court hearing where a magistrate reviews the agreement. If it’s deemed fair, the divorce is finalized.
• Timeline: Typically two to three months, depending on court availability.
• What You Need: A notarized settlement agreement and testimony at the hearing confirming both parties’ consent.
• Benefits: This ground is ideal for amicable divorces, saving time, money, and emotional energy. It’s also predictable, as you control the terms.
• Challenges: Both spouses must fully agree. Even minor disputes over assets or custody can derail mutual consent, requiring negotiation or another ground.

Real-Life Example

Take Sarah and John, a couple married for eight years with no children. They decide to divorce amicably and agree to split their home and savings equally. With their lawyer’s help, they draft a settlement agreement, file it with the court, and attend a hearing. The judge approves their terms, and their divorce is finalized in just 10 weeks—a textbook case of mutual consent’s efficiency.

Ground 2: Six-Month Separation – A Practical Option for Many

What Is Six-Month Separation?

This ground allows a divorce after you and your spouse have lived “separate and apart” for at least six months without resuming marital relations. Unlike the old 12-month rule, this shorter period makes divorce more accessible. A key feature of Maryland’s updated law is that you can meet this requirement while living in the same home, as long as you maintain separate lives (e.g., separate bedrooms, finances, and daily routines).

How It Works

• Who Can Use It: Couples where at least one spouse is a Maryland resident. If the separation occurred outside Maryland, one spouse must have lived in Maryland for six months before filing.
• Steps:
  1. Live separately for six continuous months, either in different residences or as “roommates” in the same home.
  2. File a Complaint for Absolute Divorce, stating the six-month separation as your ground.
  3. Serve the complaint to your spouse, who has 30 days (in Maryland), 60 days (out of state), or 90 days (outside the U.S.) to respond.
  4. Provide evidence of separation at a hearing, such as lease agreements, separate bank accounts, or affidavits from friends or family.
• Timeline: Six months for the separation, plus two to three months for court processing in uncontested cases. Contested cases may take longer.
• What You Need: Proof of separation, like utility bills showing different addresses or affidavits confirming separate lives in the same home.
• Benefits: You don’t need your spouse’s agreement, making it ideal if they’re uncooperative. The shorter six-month period speeds up the process compared to the old law.
• Challenges: Proving separation can be tricky, especially if you share a home. Any shared meals, intimacy, or joint activities could reset the clock. Court delays can also extend the timeline.

Real-Life Example

Emily and David have been living in separate bedrooms in their Baltimore home for seven months. They use separate bank accounts, eat apart, and avoid intimate contact. Emily files for divorce, submitting affidavits from neighbors who confirm their separate lives. The court accepts the evidence, and their divorce is finalized two months later, about nine months after their separation began.

Ground 3: Irreconcilable Differences – Flexibility Without Waiting

What Is Irreconcilable Differences?

Introduced in 2023, irreconcilable differences lets one spouse file for divorce without a waiting period, based on the belief that the marriage is irretrievably broken. This ground is perfect for couples facing deep conflicts—over values, finances, or parenting—without needing to prove separation or mutual agreement. It’s the most flexible option for initiating a divorce.

How It Works

• Who Can Use It: Any spouse who believes the marriage cannot be saved due to fundamental disagreements.
• Steps:
  1. File a Complaint for Absolute Divorce, explaining why the marriage is broken (e.g., ongoing arguments or loss of trust).
  2. Serve the complaint to your spouse, who may agree or contest the filing.
  3. If contested, attend a hearing where the court evaluates whether the differences are irreparable, often through testimony or evidence like text messages showing conflict.
• Timeline: Two to three months for uncontested cases; up to a year if contested.
• What You Need: A clear statement of why the marriage is broken. Supporting evidence, like emails or witness statements, helps but isn’t mandatory.
• Benefits: No waiting period or mutual consent required, making it accessible for contentious situations or when separation isn’t feasible.
• Challenges: If your spouse disputes the claim, proving irreconcilable differences can be subjective, potentially requiring a trial. Vague claims may face scrutiny from the court.

Real-Life Example

Lisa files for divorce, citing irreconcilable differences due to years of arguments with her husband, Mark, over money and parenting. She submits text messages showing their disputes and testifies that reconciliation is impossible. Mark contests the divorce, but the court finds Lisa’s evidence convincing, granting the divorce after five months of proceedings.

Which Ground Is Right for You?

Choosing the right ground depends on your situation:

• Mutual Consent: Best if you and your spouse agree on everything and want the fastest, least stressful process.
• Six-Month Separation: Ideal if you’ve already been living apart or can maintain separate lives for six months, even without your spouse’s agreement.
• Irreconcilable Differences: Perfect if you’re facing unresolvable conflicts and want to file immediately, regardless of your spouse’s stance.

Pro Tip: Consult a family law attorney to assess your circumstances and ensure you meet the chosen ground’s requirements. This can save time and prevent costly mistakes.

The Divorce Process in Maryland

To file for divorce, you must meet Maryland’s residency rules:

• If the grounds occurred in Maryland, one spouse must be a resident at the time of filing.
• If the grounds occurred elsewhere, one spouse must have lived in Maryland for six months.

Steps to File

1. Gather Documents: Complete the Complaint for Absolute Divorce (form CC-DR-020) and Civil Domestic Information Report (form CC-DCM-001). Include a marital settlement agreement for mutual consent.
2. File with the Court: Submit your forms to the circuit court in your or your spouse’s county. Pay the filing fee (around $165, subject to change) or request a waiver if eligible.
3. Serve Your Spouse: Use a sheriff, private process server, or certified mail to deliver the complaint. File proof of service with the court.
4. Await Response: Your spouse has 30 days (in Maryland), 60 days (out of state), or 90 days (outside the U.S.) to file an Answer (form CC-DR-050). If they don’t respond, you may seek a default judgment.
5. Court Proceedings: Attend a hearing for mutual consent or a trial for contested cases. Uncontested divorces wrap up faster; contested ones may take months.

Why Hire an Attorney?

A lawyer can draft agreements, gather evidence, and handle filings to avoid delays. They also advocate for fair outcomes in property division, custody, and alimony, especially in contested cases.

Key Considerations: Property, Custody, and Alimony

• Property Division: Maryland uses “equitable distribution,” dividing marital property fairly based on factors like marriage length and financial contributions. Mutual consent lets you control the split; other grounds may leave it to the court.
• Child Custody and Support: Courts prioritize the child’s best interests, considering parental fitness and stability. Mutual consent requires a parenting plan; other grounds may involve court hearings.
• Alimony: Courts may award temporary, rehabilitative, or indefinite alimony based on need and income disparity. A faster divorce (e.g., mutual consent) can resolve these issues sooner.

Challenges to Watch For

• Court Delays: Busy courts, especially in urban areas like Baltimore, can slow down even “immediate” divorces.
• Proving Grounds: Six-month separation requires clear evidence, and irreconcilable differences may need convincing testimony if contested.
• Costs: Uncontested divorces are affordable, but contested cases can rack up thousands in legal fees.
• Emotional Impact: Even amicable divorces are tough. Consider counseling or support groups alongside legal advice.

Resource: The Maryland Court Help Center (8:30 am–8:00 pm, Monday–Friday) offers free guidance for those representing themselves.

Conclusion: Take Control of Your Divorce Journey

Maryland’s no-fault divorce grounds—mutual consent, six-month separation, and irreconcilable differences—offer flexible paths to end your marriage quickly and fairly. Whether you’re ready to file or just exploring options, understanding these grounds empowers you to make informed choices. As a family law attorney, I encourage you to seek legal advice early to streamline the process and protect your interests.

Have questions or need guidance? Share your thoughts below or contact a Maryland family law attorney for personalized support. Subscribe for more legal tips to stay ahead.

Related Posts:

• How to File for Divorce in Maryland: Step-by-Step
• Understanding Property Division in Maryland Divorces
• Child Custody Basics for Maryland Parents

Sources:

• Maryland Courts: www.mdcourts.gov
• The Maryland People’s Law Library: www.peoples-law.org
• Petrelli Previtera, LLC: www.petrellilaw.com
• Maryland Divorce Lawyer Blog: www.marylanddivorcelawyerblog.com
• Attorney Divorce: www.attorneydivorce.co