In the past, getting a divorce in Maryland could be complicated. Prior to October 2023, spouses were required to have a “limited” divorce if there was an ongoing child custody dispute. In addition, there were at-fault reasons for which people could end their marriage.
Now, people can simply get an absolute divorce and show one of three grounds for it.
Still, despite the process being made easier, there is nuance in any divorce and people need to be prepared for potential obstacles that can delay it. It is useful to understand how to be fully prepared regardless of the type of divorce it is and the lingering issues that need to be addressed.
What are the three types of divorce in Maryland?
When the laws changed, the grounds for divorce were limited to three options. People can get divorced based on mutual consent, separation or irreconcilable differences. Each has different requirements and people should know from the outset which is right for them.
With irreconcilable differences, it simply means that the one or both people in the marriage believe the issues that are causing marital strife are unsolvable and it should end. The justification for a divorce based on irreconcilable differences could stem from the couple just growing apart, because there was infidelity, substance abuse or other challenges. It does not really matter as the primary objective is to end the marriage and move on. This lets the couple to do that.
A divorce can be granted because the couple has lived apart for a minimum of six months prior to filing. Even those who are living in the same home can say they were separated if they were living separate lives for those six months. Simply living as if they were no longer married is sufficient. Many people decide to separate to see if they want to try and solve their marital problems or move on. In some instances, they choose to reunite and continue with the marriage. If they find they are in a better situation separated, then they can proceed with a divorce filing.
Mutual consent means the parties have settled the issues that generally arise during a divorce. To divorce based on mutual consent, the sides need to negotiate and formulate a written agreement regarding alimony, child custody, child support and property division.
For example, with property division, they might own a home, have joint bank accounts, have retirement accounts, investments and items of sentimental value. For couples who are on reasonably good terms and do not plan on bickering over these items, they can decide who will get what, write the agreement and move on. In many cases, this is not possible as people want to maximize what they leave the marriage with. In others, however, they can agree.
Regarding children, they could decide which parent is better equipped to be the custodial parent while the other has reasonable parenting time and the support amounts are settled amicably. Income and the child’s needs are paramount with the support agreement and understanding the child support guidelines is key. Many parents want to limit the upheaval for their kids, particularly if they have younger children. A mutual consent divorce can help with that.