"No fault" divorce is divorce without grounds (a legally accepted reason). There are two "no fault" grounds for absolute divorce in Maryland.

• 12 Month Separation
• Mutual Consent

12 Month Separation

This ground requires that the couple have lived apart, in separate homes without sexual intimacy, continuously for a year. Neither party needs to prove or claim “fault”. You and your spouse do not need to agree to separate or to divorce.

Read the Law: Md. Code, Family Law § 7–103(a)(4)

Mutual Consent

Mutual consent is a newer “no fault” ground for absolute divorce. If you and your spouse both agree that you no longer wish to be married, then you may file for absolute divorce on this ground even if you still live in the same home. There is no waiting period for this ground.

The requirements for an absolute divorce based on mutual consent are:

1. A written settlement agreement signed by both spouses that resolves all issues relating to:
   • alimony (money to support your former spouse);
   • the distribution of property, including any monetary awards, the family home, and family use personal property; AND
   • the care, custody, access, and support of your minor or dependent children;
2. A completed child support guidelines worksheet, if the settlement agreement requires that one spouse pay child support to the other;
3. That neither party objects in writing to the settlement agreement prior to the divorce hearing; AND
4. That the court is satisfied that any terms of the agreement relating to your minor or dependent children are in the best interests of those children.

Read the Law: Md. Code, Family Law § 7–103(a)(8)

If you and your spouse have a lot of shared property or have questions about custody, a lawyer can help you draft a settlement agreement.

Additional Requirements & Considerations

For a judge in Maryland to hear the case, one spouse must meet certain residency requirements.

Read the law: Md. Code, Family Law Title 7

In the case of 12 month separation no-fault ground for absolute divorce, a party may defend him/herself by claiming that the two cohabitated (lived together) for one night or more, or engaged in sexual relations during the separation. If cohabitation or sexual relations occurred, the 12 month time period begins from the point both cohabitation and sexual relations stopped. Unless the other side can prove that the grounds for divorce are met, the court may decide not to award the divorce on this ground.

Read the Law: Md. Code, Family Law § 7–103(a)(4)

Divorce Series: Determining a Legal Reason (or Ground) for Divorce from the Maryland Courts