Fault Based Divorce Lawyer Maryland, MD
Maryland’s divorce law changed in 2023. The General Assembly repealed all fault-based grounds for divorce, including adultery, cruelty, and desertion. Today, the only ways to obtain an absolute divorce in Maryland are mutual consent, six-month separation, or irreconcilable differences. While this means you can no longer file a divorce petition asserting a “fault” ground, the change does not erase the difficult circumstances that often surround a marriage breakdown — nor does it eliminate the need for experienced representation when property division, alimony, child custody, or support are contested. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their practice on family law matters throughout Maryland and help clients navigate the post-reform divorce process under Md. Code, Family Law § 7-103. Reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Understanding Fault-Based Divorce in Maryland
For decades, Maryland spouses could seek an absolute divorce by proving a fault ground such as adultery (the most commonly cited), cruelty, excessively vicious conduct, or desertion. Those grounds were eliminated when Senate Bill 36/House Bill 14 took effect on October 1, 2023. The reform also abolished “limited divorce” — the erstwhile legal separation mechanism — and consolidated all absolute-divorce actions under a single statute, Md. Code, Family Law § 7-103. Today a divorce decree in Maryland is obtained without proof of fault, and the court no longer considers marital misconduct in dividing property or awarding alimony unless the misconduct relates to dissipation of assets. For anyone who was accustomed to the pre‑2023 regime, the shift can be disorienting, but the underlying concerns — financial security, parenting arrangements, and fair division of marital wealth — remain the same and require careful legal guidance.
Maryland remains an equitable-distribution state. Circuit courts apply the factors listed in Md. Code, Family Law § 8-205 to decide whether a monetary award is necessary to right an imbalance. Separate property (assets owned before the marriage or received by gift or inheritance) is generally not subject to division. Because the 2023 reform removed fault from the statutory equation, the focus today is squarely on economic fairness and the well‑being of any children. Mr. Sris and his Of Counsel regularly appear in Circuit Courts across Maryland — including those in Montgomery, Prince George’s, Howard, Anne Arundel, and Frederick counties — and understand how local judicial preferences can influence the presentation of a case.
How Mr. Sris and His Of Counsel Handle Divorce Cases
Every divorce begins with a thorough inventory of the marital estate, an assessment of each spouse’s income and earning capacity, and a realistic evaluation of custody and visitation goals. Mr. Sris and his Of Counsel team work with clients to identify the most efficient path given the three available grounds. For spouses who have already signed a comprehensive settlement agreement, mutual consent allows a divorce without any waiting period. For those who have been living apart for six months — even under the same roof if they maintain separate lives — the six-month-separation ground is straightforward. When the parties cannot agree, an action based on irreconcilable differences can proceed while contested issues such as alimony, child support, and property are litigated.
Because the firm has no employees, each matter is handled by Mr. Sris and his Of Counsel, who bring over 120 years of combined legal experience. Results may vary. The team’s approach emphasizes clarity: clients receive a candid explanation of what the court can and cannot order under the current statutory framework, a realistic budget estimate, and a timeline that accounts for the court’s calendar and the complexity of the contested issues. Contempt and enforcement proceedings, custody modifications, and post-divorce alimony adjustments are also within the scope of the firm’s practice.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised certain Virginia equitable-distribution provisions. His firsthand legislative experience gives him a nuanced understanding of how statutory amendments affect family-law litigation. On every Maryland divorce matter, Mr. Sris is supported by an experienced Of Counsel team, all of whom are engaged through Excella. Together, Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
The firm meets clients at its Rockville location — 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850 — by appointment only. To schedule a consultation, call (888) 437-7747.
Frequently Asked Questions
Can I still file for a fault-based divorce in Maryland?
No. As of October 1, 2023, all fault-based grounds — adultery, cruelty, excessively vicious conduct, and desertion — have been repealed. Maryland now recognizes only mutual consent, six‑month separation, and irreconcilable differences. A divorce petition that relies on a fault ground will not be accepted by the court. The change was designed to streamline the divorce process and eliminate the bitterness that often accompanies proof of marital misconduct. If the events surrounding your separation would have qualified as fault under the old law, discuss them with your attorney; they may still be relevant to custody or dissipation‑of‑assets arguments, but they no longer affect the divorce itself.
What are the current grounds for divorce in Maryland?
Under Md. Code, Family Law § 7-103, the three grounds are mutual consent, six‑month separation, and irreconcilable differences. Mutual consent requires a signed settlement agreement that resolves all alimony, property, and child‑related issues and does not require any waiting period. The six‑month‑separation ground is available after the parties have lived apart for six consecutive months; living under the same roof is permissible if the spouses maintain genuinely separate lives. The irreconcilable‑differences ground allows a divorce when the parties cannot agree, and contested issues may be litigated alongside the divorce. A fourth ground — permanent legal incapacity — is also available.
How does the divorce process work in Maryland since the 2023 reform?
Most divorces now begin with the filing of a Complaint for Absolute Divorce in the Circuit Court of the county where either spouse resides. After filing, the court sets a schedule for discovery, settlement conferences, and trial if necessary. If the parties have a signed settlement agreement, they can request a divorce on mutual‑consent grounds without a hearing in many counties. Otherwise, a minimum six‑month separation is required, or the case proceeds on irreconcilable‑differences grounds. Throughout the process, temporary orders for custody, support, or use of the family home may be entered. Mr. Sris and his Of Counsel guide clients through each step, ensuring that all statutory requirements are met.
Do I need a lawyer for a divorce in Maryland?
You are not legally required to hire a lawyer to obtain a divorce in Maryland, but the complexity of equitable distribution, alimony, custody, and support makes self‑representation risky. An experienced attorney can identify assets that you might not recognize as marital, calculate support using the Maryland Child Support Guidelines, and negotiate a settlement that protects your long‑term interests. When a case involves a business, a pension, international property, or allegations of domestic violence, the stakes are even higher. A consultation with a firm familiar with Maryland’s Circuit Courts can help you decide whether representation is right for your situation.
How is property divided in a Maryland divorce?
Maryland is an equitable‑distribution state, not a community‑property state. The court first classifies property as marital (generally assets acquired during the marriage other than by gift or inheritance) or separate. It then values the marital property and may order a monetary award to balance the equities under the factors listed in Md. Code, Family Law § 8-205. The court can also transfer ownership of certain items, such as the family home or retirement accounts. Marital misconduct is not a factor in property division unless it involves the dissipation (waste) of assets.
How is child custody determined in Maryland?
India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Maryland courts decide custody based on the best interests of the child, considering factors such as each parent’s fitness, the child’s relationship with each parent, and the child’s adjustment to home and school. Joint legal custody (shared decision‑making) is favored, while physical custody may be shared or awarded primarily to one parent depending on the child’s needs and each parent’s availability. Parenting plans, mediation, and custody evaluations are often part of the process. Because custody orders can be modified when a material change in circumstances occurs, the issue may resurface long after the divorce is final.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Outbound primary sources: Md. Code, Family Law § 7-103 · Maryland Courts — Divorce · Maryland Judiciary
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Case results depend on a variety of factors unique to each case.