Desertion in Maryland is a fault ground for absolute divorce under Md. Code, Family Law Art. § 7-103, requiring a 12-month continuous separation without consent. Law Offices Of SRIS, P.C. has extensive family law experience across Maryland, with 4,739+ firm-wide documented results. A Desertion Divorce Lawyer Maryland can help you handle this process.
Desertion Divorce Lawyer Maryland
Desertion as a ground for divorce in Maryland is defined under Md. Code, Family Law Art. § 7-103. This statute provides that a court may grant an absolute divorce on the ground of desertion if the complaining party proves that the other spouse voluntarily deserted the marital home without consent and with the intent to permanently abandon the marriage for at least 12 continuous months before the filing of the complaint. The desertion must be willful and without justification. The burden of proof rests on the party seeking the divorce. Law Offices Of SRIS, P.C. — Advocacy Without Borders — brings over 120 years of combined legal experience to help clients understand and prove desertion grounds. Founded in 1997 by Mr. Sris, former prosecutor, the firm has handled numerous family law cases involving desertion and abandonment.
Last verified: April 2026 | Circuit Courts of Maryland (Family Divisions, statewide) | Maryland General Assembly — official site
For the full text of the desertion divorce statute, see Md. Code, Family Law Art. § 7-103 (Maryland General Assembly — official site). For information on filing fees and procedures at Maryland Circuit Courts, visit Maryland Courts (mdcourts.gov — official site).
In Maryland Circuit Courts, prosecutors and family law judges routinely scrutinize desertion claims for evidence of mutual consent or condonation. We have observed that many desertion cases fail because the complaining party cannot prove the spouse’s intent to permanently abandon the marriage.
- Document the exact date your spouse left the marital home.
- Preserve any communication showing your spouse’s intent to abandon the marriage.
- File a complaint at the Circuit Court in your county of residence.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend all scheduled hearings and provide evidence of desertion.
- Obtain a final decree of absolute divorce from the court.
In Maryland, desertion as a ground for divorce carries no criminal penalty but affects the outcome of alimony, property division, and custody under Md. Code, Family Law Art. § 7-103.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground for Divorce) | Civil — Family Law | None | None | None | May affect alimony, property division, and custody determinations |
Results may vary.
Law Offices Of SRIS, P.C. has extensive documented results in Maryland family law cases, including desertion divorce matters. Firm-wide across VA, MD, DC, NY and NJ, the firm has 4,739+ documented results with a favorable-outcome rate above 93%. Results may vary.
Our location in Rockville is approximately 20 miles from the Circuit Court for Montgomery County, with access via I-270 and I-495. Serving as a desertion divorce lawyer near Maryland, we assist clients throughout the state. Serving the communities of Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Maryland
199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850
Phone: (888) 437-7747 | Local: (888)-437-7747
By appointment only.
Frequently Asked Questions About Desertion Divorce in Maryland
What is desertion as a ground for divorce in Maryland?
Desertion is the voluntary separation of one spouse from the other with the intent to end the marriage, without consent, for at least 12 continuous months before filing.
This ground is governed by Md. Code, Family Law Art. § 7-103. Cases are filed at the Circuit Court in the county where you reside. A Desertion Divorce Lawyer Maryland can help prove the elements of desertion.
How does a spouse abandonment lawyer Maryland help with desertion cases?
A spouse abandonment lawyer Maryland helps prove the elements of desertion: voluntary departure, lack of consent, and intent to abandon.
They gather evidence, file pleadings at the Circuit Court, and negotiate or litigate issues like alimony, property division, and custody under Md. Code, Family Law Art. § 7-103.
What is the difference between desertion and abandonment in Maryland divorce?
Desertion and abandonment are often used interchangeably in Maryland divorce law.
Both refer to one spouse leaving the marital home without the other’s consent and with the intent to permanently end the marriage. The key legal requirement is a 12-month continuous separation period under Md. Code, Family Law Art. § 7-103.
Can I get a divorce in Maryland if my spouse deserted me?
Yes. If your spouse deserted you without consent and with the intent to abandon the marriage, you may file for absolute divorce on the ground of desertion after 12 continuous months.
You must prove the elements at the Circuit Court. An abandonment divorce grounds lawyer Maryland can assist with the process.
How does a desertion divorce affect property division and alimony in Maryland?
Desertion as a fault ground may influence alimony and property division in Maryland.
The court considers marital misconduct when determining alimony under Md. Code, Family Law Art. § 8-205. Equitable distribution of marital property under § 8-203 may also consider fault. A Desertion Divorce Lawyer Maryland can explain how desertion affects your case.
For more information about family law in Maryland, visit our Limited Divorce Lawyer Maryland hub page. You may also find these related pages useful: Limited Divorce Lawyer Howard County, Limited Divorce Lawyer Montgomery County, and Limited Divorce Lawyer Charles County.
Last verified: April 2026 | This page was last updated on 2026-04-30 to reflect current Maryland law and firm case results.