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The divorce grounds are as follows: The court may decree an absolute divorce on the following grounds: (1) Mutual Consent (no minor children with signed Marital Settlement Agreement) (2) adultery; (3) desertion, if: (i) the desertion has continued for 12 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; (4) voluntary separation, if: (i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation; (5) 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 3 years or an indeterminate sentence in a penal institution; and (ii) served 12 months of the sentence; (6) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; (7) insanity if: (i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; (8) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or (9) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(Maryland Code - Family Law Chapter - Section: 7-103) In the Circuit Court for __________, Maryland.

Maryland law does not provide for legal separation.

In Maryland, couples file for a “limited divorce,” which provides them with the same legal rights and protections as a legal separation.

As a follow up on our June 10, 2011 blog more regarding adultery and introducing a new relationship to your child(ren), we thought it may be best to touch on dating during your divorce proceedings.

Typically, we advise clients to refrain from dating while their divorce is pending and we do so for several reasons.

The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court.

Third, it is always better to do the right thing, even if your spouse is not, while a divorce is pending.

Many clients are frustrated by their spouse’s continued misbehavior and feel that it will continue to go unnoticed.

First, as explained in the previous blog, it could be considered adultery to be dating while married if your spouse can prove the elements necessary to establish adultery.

Although parties may be separated while waiting for a divorce, they are still technically married and therefore, it is still considered adultery, which is both a ground for divorce and a crime in the State of Maryland.




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