A fault based divorce in Maryland is governed by Md. Code, Family Law Art. § 7-103, which recognizes grounds including adultery, cruelty, desertion, and voluntary separation. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Maryland, with firm-wide documented results across VA, MD, DC, NY and NJ. Contact (888) 437-7747 for a consultation by appointment.
Fault Based Divorce Lawyer Maryland
Under Maryland law, a fault based divorce requires proving one or more statutory grounds under Md. Code, Family Law Art. § 7-103. These grounds include adultery, which requires proof of a sexual relationship; cruelty, which involves physical or mental abuse that makes cohabitation unsafe; desertion, which requires abandonment for at least 12 months without consent; and voluntary separation, which requires living apart for 12 months. The court evaluates evidence and may consider fault in determining alimony under § 8-205, though property division under equitable distribution principles generally focuses on economic factors. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | Circuit Courts of Maryland (Family Divisions, statewide) | Maryland General Assembly
For the full text of Maryland’s divorce statutes, visit: Md. Code, Family Law Art. § 7-103 (Maryland General Assembly — official site) and Md. Code, Family Law Art. § 8-205 (Maryland General Assembly — official site).
In Circuit Courts of Maryland, prosecutors do not handle divorce cases, but the court evaluates fault grounds based on evidence presented. We have observed that judges in Maryland closely scrutinize claims of adultery or cruelty, often requiring corroborating evidence beyond a spouse’s testimony. The court may order pendente lite relief, including temporary alimony or child support, while the case proceeds.
- Identify which fault ground applies to your situation under Md. Code, Family Law Art. § 7-103.
- Gather evidence such as emails, text messages, financial records, or witness statements.
- File a complaint for divorce in the Circuit Court of the county where you or your spouse resides.
- Serve your spouse with the complaint and summons through the sheriff or a private process server.
- Attend court hearings, including pendente lite and final hearings, to present your case.
- Work with your attorney to negotiate or litigate issues like alimony, property division, and custody.
In Maryland, a fault based divorce does not carry criminal penalties, but the court may award alimony, divide marital property, and determine custody based on fault grounds under Md. Code, Family Law Art. § 7-103.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Civil (Fault Ground) | None | None | None | May affect alimony award; no waiting period for divorce |
| Cruelty | Civil (Fault Ground) | None | None | None | May affect custody and alimony; requires proof of abuse |
| Desertion | Civil (Fault Ground) | None | None | None | Requires 12-month abandonment; may affect alimony |
| Voluntary Separation | Civil (Fault Ground) | None | None | None | Requires 12-month separation; no fault required |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Our team includes Kristen M. Fisher, Former Maryland Assistant State’s Attorney, who dedicates 75% of her practice to litigation and brings firsthand prosecutorial experience from both District and Circuit Courts in Maryland. We understand the nuances of fault based divorce cases and work to protect your rights and interests.
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Maryland, with firm-wide documented results across VA, MD, DC, NY and NJ. Our team has handled numerous family law matters, including fault based divorce cases, achieving favorable outcomes for clients. Results may vary.
Our location in Rockville is approximately 20 miles from Circuit Courts of Maryland, with access via I-270 and I-495. 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 | By appointment only
Frequently Asked Questions About Fault Based Divorce in Maryland
What are the fault grounds for divorce in Maryland?
Yes. Maryland recognizes several fault grounds for divorce under Md. Code, Family Law Art. § 7-103, including adultery, cruelty, desertion, and voluntary separation. These grounds are heard in the Circuit Courts of Maryland (Family Divisions, statewide).
Yes. Maryland recognizes fault grounds including adultery, cruelty, desertion, and voluntary separation under Md. Code, Family Law Art. § 7-103.
How does a fault based divorce affect property division in Maryland?
It depends. Maryland is an equitable distribution state. While fault grounds may influence alimony decisions under Md. Code, Family Law Art. § 8-205, marital property division under § 8-205 is generally based on economic factors rather than fault. Cases are heard in Circuit Courts of Maryland.
Can I get a divorce in Maryland without proving fault?
Yes. Maryland offers a mutual consent divorce with no separation period if both parties agree on all issues. Alternatively, an absolute divorce is available after a 6-month separation under Md. Code, Family Law Art. § 7-103. These cases are heard in Circuit Courts of Maryland.
How long does a fault based divorce take in Maryland?
It depends. A contested fault based divorce in Maryland can take 6 to 18 months, depending on court dockets and the complexity of issues like custody or property division. Uncontested matters may resolve in 2 to 3 months. Cases are heard in Circuit Courts of Maryland.
What should I do if I am facing a fault based divorce in Maryland?
If facing a fault based divorce in Maryland, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The court deadlines under Maryland law require prompt action. Cases are heard in Circuit Courts of Maryland.
For more information about divorce options in Maryland, visit our Limited Divorce Lawyer Maryland hub page. You may also be interested in our pages for Limited Divorce Lawyer Howard County and Limited Divorce Lawyer Montgomery County.
Last updated: 2026-04-29