What defines a "no-fault" divorce in Maryland?

In Maryland, a "no-fault" divorce is primarily based on the spouses living apart for a specified period, which is at least 12 months. This type of divorce does not require proof of wrongdoing by either spouse, such as infidelity or abuse, making it a straightforward way for couples to dissolve their marriage.

Choosing to live apart for this duration signifies to the court that the marriage has irretrievably broken down, and it is impossible for the couple to reconcile. This process allows for a smoother and often less contentious path to divorce, as it eliminates the need for either party to prove fault or misconduct.

While mutual agreement between spouses and irreconcilable differences are pertinent to the concept of divorce, and mutual agreement can certainly expedite the process, the specific designation of "no-fault" in Maryland is solidly tied to the 12-month separation requirement. Infidelity, on the other hand, is a basis for a fault divorce rather than a no-fault divorce.