Brooklyn, MD asked in Divorce for Maryland

Q: Must adultery be proven to obtain a divorce

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1 Lawyer Answer
Pawnee A. Davis
Pawnee A. Davis
  • Bethesda , MD
  • Licensed in Maryland

A: In Maryland you can get divorce without something having happened that was either spouse's fault. If you relied on adultery as the reason for getting the divorce then you would have to prove adultery and this can be difficult. However, there are other "reasons," that attorneys and the law call "grounds" for divorce. You can also get a no-fault divorce, which is the easiest way. A no-fault divorce only requires that you be separated for one year before filing. The separation period is not usually in dispute between spouses, but you would go to trial on the other issues that need to be resolved. If you have agreed on every single issue that needs to be resolved in the divorce, and left nothing unresolved, then you can file for a divorce without being separated for one year.

Whether you think you need an uncontested divorce or contested divorce you should speak to an attorney to find out what approach may be best for your particular circumstances, including on what grounds to file for the divorce and when you should file. An attorney can also ensure your separation agreement is legally enforceable and sufficient if you need an uncontested divorce. If you are going to trial because you have disputed issues, an attorney can help you figure out strategies for collecting evidence, building your case, and presenting your case.

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