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Baltimore County & Towson Divorce Lawyer | Grounds For Divorce.

Grounds For Divorce Under Maryland Law

These are the most common of grounds for absolute divorce in Maryland, which are stated in §7-103 of the Maryland Family Law Article.  

Adultery Pursuant to  MD Code, Family Law §7-103(a)(1) 

  • No waiting period
  • Sex between a married person and somebody who is not his/her spouse.
  • Usually proved using circumstantial evidence; there is almost never a witness to the penetration. 
  • Needs evidence they had an opportunity/time to do it, i.e. an unidentified vehicle is parked overnight where your separate spouse resides can arguably satisfy this threshold according to case some case law. 
  • Needs evidence they were intimate and disposed to do it. For example, holding hands in public. 
  • Can happen while people are “separated.”  

Cruelty Of Treatment/Excessively Vicious Conduct Pursuant to  MD Code, Family Law §7-103(a)(6) 

  • Grounds for an absolute divorce
  • pursuant to MD Code, Family Law, §7-103(a)(6). 
  • No waiting period
  • Cruelty against spouse or against a minor child
  • Usually includes a violence component but not always 
  • Grounds for an immediate divorce 

One-Year Separation Pursuant to  MD Code, Family Law §7-103(a)(4) 

  • Grounds for an absolute divorce
  • Lived separate and apart for more than one year without cohabitation
  • No marital relations while separated
  • No-fault grounds for divorce in Maryland.

Mutual Consent Pursuant to  MD Code, Family Law §7-103(a)(8) 

  • Grounds for an absolute divorce
  • No minor children
  • Written Marital Separation Agreement ("MSA")
  • Both parties appear at the final divorce hearing 
  • No witness required 


  • Grounds for a limited divorce
  • Does not end the marriage
  • Does not resolve property issues
  • Provides permission from the State to live separately
  • Possibility of alimony 
  • Parties do not live together
  • Parties do not have sex.

Call (410) 321-4994 For a Consultation With Towson Divorce & Child Custody Family Lawyer Amar S. Weisman.

If you are seeking client-focused, goal-orientated and personal representation to handle your Baltimore County family law matter, then contact us at (410) 321-4994 to schedule a consultation. Although we do not charge for consultations, you should know the purpose of the consultation is to determine whether Amar S. Weisman and the Law Offices of Amar S. Weisman is a good fit to protect your financial future and/or your parental rights. If you wish to obtain legal services to zealously pursue your interests, you will be required to pay a retainer. The typical retainer is $2,500.00 but the cost of your case depends on its level of conflict and complexity. For more information, please see our Policy on Fees and Costs