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Maryland Grounds for Divorce

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By DivorceNet Staff

Published:  February 10, 2005

What are the grounds for divorce in Maryland?

(1) Adultery;

(2) 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;

(3) 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;

(4) 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;

(5) 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;

(6) 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;
    (ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
    (iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(7) Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(8) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

Last modified:  October 30, 2005 - 03:04 PM


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