Maryland has simplified its no-fault divorce law as of October 1, 2011. Previously spouses could get divorced by voluntary agreement after a 12 month separation. If the agreement was not voluntary, the waiting period has always been two years. Now in Maryland, there is no requirement that the parties voluntarily agree to get a divorce at the end of the 12 month waiting period. The “voluntary” ground has been eliminated. All that is required is separation for a 12 month period. You now can get a divorce based on a one year separation in Maryland.
Requirements for a No-Fault Divorce in Maryland
In order to qualify, you and your spouse must have lived apart from each other for at least
12 months without sexual intercourse with each other and there is no reasonable hope of getting back together.
This means that during the last twelve months, if you and your spouse lived together at all, or if you have had sexual intercourse with your spouse during that time, or if you spent even one night under the same roof, you cannot get an absolute divorce based on a 12-month separation. (For example, if you have been separated from your spouse for 12 months, but one night six (6) months ago you had sexual intercourse with your spouse, then you have only been separated for six (6) months.)