What is considered “grounds for divorce” in Maryland?

There are two types of divorce in Maryland: limited divorce (a divorce a mensa et throro) and absolute divorce (a divorce a vincula matrimonii).

A limited divorce constitutes permission to live separate and apart. The primary difference between the two is that you can only remarry after obtaining an Absolute Divorce. Grounds for both types of divorce in Maryland are determined by statute.

Grounds for a Limited Divorce:

  1. Cruelty of treatment of the complaining party or a minor child of the complaining party.
  2. Excessively vicious conduct to the complaining party or of a minor child of the complaining party.
  3. Desertion.
  4. Voluntary separation, if the parties are living separate and apart with no reasonable expectation of reconciliation.

Grounds for an Absolute Divorce:

  1. Adultery.
  2. Desertion, if the desertion has continued for at least 12 months without interruption before the filing of the complaint for an absolute divorce; the desertion is deliberate and final; and there is no reasonable expectation of reconciliation.
  3. 12-month separation, when the parties have lived separated and apart without cohabitation for 12 months without interruption before the filing of the application for divorce.
  4. Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
  5. Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
  6. Conviction of felony or misdemeanor. Defendant has been convicted of a felony or misdemeanor, and has been sentenced to serve at least three years or an indeterminate sentence in a penal institution and has served twelve months of the sentence prior to complaint for divorce.
  7. Insanity, where the insane spouse has been confined for at least three years before filing complaint. The complaining party will have to provide proof of incurable insanity without hope of recovery from the testimony of two psychiatrists. Also, one of the parties has to have been a resident of Maryland for at least two years prior to filing complaint.