In Montgomery County Maryland, there are 8 grounds for ABSOLUTE divorce (when the marriage is permanently severed and parties are permitted to remarry). For each of the following grounds, testimony of the complaining spouse must be CORROBORATED by evidence other than testimony of the parties:

ADULTERY

   Must prove “opportunity” and “disposition.” There are two (2) defenses which are not a bar to a divorce on the ground of adultery but may be considered by the Court: (1) condonation or forgiveness, (2) recrimination (adultery by claiming spouse). This is an immediate ground for divorce without any separation period required. “Opportunity” may be shown by your spouse spending time alone with a member of the opposite sex in a residence or hotel. “Disposition” may be shown by some public display of affection or intimate correspondence. Adultery is a misdemeanor crime in Montgomery County Maryland. Therefore, a spouse has the right to plead the 5th Amendment and refuse to answer questions about adultery. In such event, the Court may infer that the adultery occurred.

DESERTION FOR 12 CONSECUTIVE MONTHS

   “Actual” desertion is where one spouse, without legal justification, leaves the marital home and ceases cohabitation or sexual relations for twelve (12) consecutive months. It must be the deliberate and final act of the deserting party and there must be no reasonable expectation of reconciliation.  “Constructive” desertion is when the behavior of the first spouse is so harmful to the physical and/or mental well-being of the second spouse such that the second spouse must leave the marital home to preserve his or her emotional well-being, health or safety. The parties must live apart at least twelve (12) consecutive months, without cohabitation or sexual relations, and there must be no reasonable expectation of reconciliation.  VOLUNTARY SEPARATION FOR 12 CONSECUTIVE MONTHS

   Spouses must reside under separate roofs for 12 consecutive months. To be “separated” in Montgomery County Maryland, spouses must live in separate residences. The separation is interrupted if spouses have sexual relations with one another, resume living together, or even spend one night together under the same roof, regardless of whether or not they sleep in separate bedrooms.  The separation must be “mutual and voluntary” and must occur with the intention of ending the marriage. A separation that begins as involuntary on the part of one spouse may subsequently become voluntary. A properly written Separation Agreement can corroborate the voluntariness of the separation if the Agreement is entered into prior to the filing of the Complaint for Divorce.  There can be no cohabitation or sexual relations during the 12-month separation period and there can be no reasonable expectation of reconciliation.

VOLUNTARY SEPARATION FOR 12 CONSECUTIVE MONTHS

Spouses must reside under separate roofs for 12 consecutive months.  To be "separated" in Maryland," spouses must live in separate residences.  The separation is interrupted if spouses have sexual relations with one another, resume living together, or even spend one night together under the same roof, regardless of whether or not they sleep in separate bedrooms.

The separation must be "mutual and voluntary" and must occur with the intention of ending the marriage.  A separation that begins as involuntary on the part of one spouse may subsequently become voluntary.  A properly written Separation Agreement can corroborate the voluntariness of the separation if the Agreement is entered into prior to the filing of the Complaint for Divorce.

TWO-YEAR SEPARATION

   The spouses must live under separate roofs for twenty-four (24) consecutive months without any cohabitation or sexual relations during the two-year period.

CONVICTION OF A FELONY OR MISDEMEANOR

   One spouse must be incarcerated for at least one (1) year under a sentence of three (3) or more years.

INSANITY

   One spouse must be confined to a mental institution for at least three (3) years, with testimony of two (2) psychiatrists that the insanity is incurable and there is no hope of recovery.

CRUELTY OF TREATMENT (SPOUSAL OR CHILD ABUSE)

   Any conduct calculated to destroy the health or happiness of the other spouse or minor child, including physical or mental/emotional abuse. The conduct must be extremely destructive which renders impossible continuing the marriage. There must be no reasonable expectation of reconciliation. There is no period of separation required.

EXCESSIVELY VICIOUS CONDUCT (SPOUSAL OR CHILD ABUSE)

   Essentially the same as “cruelty” is usually considered to be more severe than cruelty.  

For more information about Domestic Violence, see New Domestic Violence Law.