For years, Maryland couples navigating divorce had to jump through a series of hoops—separation timelines, proving fault, or enduring the emotionally draining “mutual consent” clause. But as of October 1, 2023, Maryland law changed. And honestly? It’s about time.
This update scraps fault-based divorce altogether and shortens the timeline to just six months for a no-fault separation. For those of us working with clients in real time, it’s a game changer—and not just legally. Emotionally, financially, and practically, it matters.
What Changed, Exactly?
The biggest headlines:
- No more fault-based divorce grounds like adultery, cruelty, or desertion.
- New six-month no-fault divorce option, even if one spouse doesn’t agree.
- The “mutual consent” clause is still there but no longer the only no-fault route.
- No separation requirement if both parties agree and have resolved property and custody.
Now, parties only need to live separately (under any roof) for six months—no more waiting a full year if they’re not in sync about ending the marriage.
Why This Matters for Your Clients
At The Lincoln Law Firm, we’ve already had clients who were stuck in limbo waiting for the old 12-month requirement to pass. That’s a year of legal fees, stress, and constant back-and-forth, often with children caught in the middle. This shift means more people can move on faster—with less damage.
Let’s be real: most divorces aren’t about proving “fault.” They’re about untangling two lives. This update helps couples do that without dragging things out unnecessarily.
Fault Is Out—So Now What?
Getting rid of fault-based grounds doesn’t mean all divorces will be smooth. In fact, we expect new challenges:
- More contested filings if one party resists the six-month mark.
- Property division and custody disputes might get more attention now that “fault” isn’t on the table.
- Clients will need better prep—especially when the other spouse is uncooperative.
Attorneys must be proactive with documentation, evidence of separation, and ensuring clients understand the emotional implications of this faster timeline.
How to Advise Clients Under the New Rules
- Clarify “separation” – Couples can now live under the same roof but must prove separate lives (finances, sleeping arrangements, etc.).
- Discuss financial consequences – Faster timelines don’t mean quicker resolutions if property or custody remains unresolved.
- Prep for opposition – Even if one spouse wants out, the other might try to delay the process or contest what “separation” means.
At The Lincoln Law Firm, we’re advising clients earlier and more comprehensively, especially those unsure whether to stay or go. Six months isn’t long when you’re in the middle of it.
Legal Community Reactions
Some attorneys welcome the change. Others worry it might flood the courts or create more gray areas around cohabitation. But most agree—it’s a move toward modernization.
According to LegalAwareness.org, Maryland’s shift mirrors broader trends across the U.S. “[The state] recognized that proving fault in divorce created unnecessary barriers for families trying to move on,” they note. Similarly, LegalClarity.org applauded the change, calling it “a compassionate update to outdated norms.”
It’s Not All Smooth Sailing
The simplified process is still law, not therapy. Emotions run high, and assumptions about a “quick” divorce might set clients up for disappointment.
There’s also the issue of evidence. If a couple lives together during the separation, proving the emotional and practical split can get murky. Judges will rely on clear documentation, which puts more pressure on attorneys to prepare well and early.
FAQ
Can I get divorced in Maryland without proving my spouse did anything wrong?
Yes. Maryland no longer requires fault-based grounds for divorce.
What if my spouse doesn’t agree to the divorce?
You can still file under the new six-month separation rule without mutual consent.
Do we have to live in separate homes?
Not necessarily. You must live “separate lives,” even if in the same household.
Is the divorce automatically granted after six months?
No. You still need to file, serve papers, and follow court procedures.
What happens to custody or property issues?
They must be resolved, especially if you’re using the mutual consent route. Otherwise, they can be contested during the divorce process.
This change is already reshaping how Maryland families separate—and how we help them through it. At The Lincoln Law Firm, we’re paying close attention, guiding clients with clarity, and preparing for a faster, less adversarial process. Change is hard—but this one? It might be a step in the right direction.
