Absolute Divorce and Irreconcilable Differences

Commencing on October 1, 2023, the grounds for absolute divorce have changed. Adultery is no longer a ground for divorce. A party must now file under the grounds of irreconcilable differences. The definition of irreconcilable differences is defined as:

An inability for two parties to resolve their differences in order to save their marriage. With the new changes to the Maryland Divorce laws, Maryland is now a no-fault divorce state.

Although adultery can be considered when determining a monetary award, it can no longer be plead for purposes of obtaining a divorce due to the other spouse committing adultery.

In alleging irreconcilable differences, the moving party must only plead that differences have arose during the marriage that prevent the parties from sustaining their marriage.

Examples of irreconcilable differences could be communication differences, failure to communicate, significant disagreements concerning financing or debts or differences regarding intimacy or lack thereof. 

All attempts to resolve the differences of the parties must have been futile.

In addition to the no fault divorce there must be no hope of reconciliation. The parties can also live separate under the same roof so long as there is no cohabitation. The required separation period for irreconcilable differences is still six months. If the parties are seeking a mutual divorce and have all issues settled, there is no waiting period.

If you are in need of an attorney to represent you in your divorce proceedings, The Law Office of Lynndolyn Mitchell PC is exceptionally qualified to represent you in your matter.