Certain grounds for divorce include a specific time period.  In order to be eligible for a divorce on these grounds you must meet the time periods by the day you file for divorce. These are the grounds for divorce that require certain time periods:

Abuse
Voluntary Separation – 12 months
Desertion – 12 months
Conviction of a Crime  - Must have served 12 months
Involuntary Separation – 24 months
Insanity – 36 month confinement/ 24 month MD residence

Abuse

Immediate, continuous, documented, or a pattern of physical abuse.

Voluntary Separation without cohabitation (living together or having marital relations) – 12 months

You must have lived in Maryland for at least 12 months in a row while you have been separated from your spouse and did not lived together.  See a full description of this type of divorce. 

Desertion – 12 months

Actual desertion and “constructive” desertion must have lasted at least 12 months before you can file for divorce.  See the full description of this type of divorce.

Conviction of a Felony or Misdemeanor - Must have served 12 months

You must show that your spouse received a sentence of 36 months or more (or a sentence of indeterminate length) for a felony or misdemeanor and has served at least 12 months before you can file for a divorce. See the full description of this type of divorce.  

Involuntary Separation – 24 months

You must prove that you and your spouse have lived apart (without sexual relations or living together) for 24 months in a row. You and your spouse do not need to agree to separate or to divorce. See the full description of this type of divorce.

Insanity – 36 month commitment/24 month residence in MD

If your spouse has been committed to a mental institution, you must wait at least 36 months after your spouse was institutionalized before filing for divorce.  In addition, you and your spouse must have lived in Maryland for at least two years before filing.  See the full description for this type of divorce for the types of evidence that you will need.

Last date of legal review 01/31/08 (PLL/M.A.J.)