There are seven grounds and at least one
must be proven as taken from Maryland Divorce Law § 7-103 Family Law:
·
Adultery - Spouse must prove that the other engaged in sexual relations with a third
party. Evidence can include proof that the offending spouse had the
opportunity and means for extra-marital intercourse.
·
Desertion - When one spouse abandons the marriage without the consent of the
other and without justification. To claim desertion, the desertion must
have continued for 12 months without interruption before the filing of the
application for divorce; the desertion is deliberate and final; and there is
not reasonable expectation of reconciliation.
·
Separation - If the parties have lived separate and apart without cohabitation for 12 months
without interruption before the filing of the application for divorce and there
is no reasonable expectation of reconciliation.
·
Conviction of a felony or misdemeanor in any state
or any court of the United States if before the filing of the
application for divorce the defendant has been sentenced to serve at least 3
years or an indeterminate sentence in a penal institution; and served 12 months
of the sentence.
·
Insanity - Permanent and incurable. For a person to be considered permanently insane
they must be confined to a mental institution, hospital or other similar
institution for at least 3 years prior to the filing of the application for
divorce. The court determines from the testimony of at least two
physicians who are competent in psychiatry that the insanity is incurable,
there is no hope of recovery, and one of the parties has been a resident of the
State for at least 2 years before the filing of the application for divorce.
·
Cruelty of treatment toward the complaining
party or a minor child of the complaining party, if there is no reasonable
expectation of reconciliation.
·
Excessively vicious conduct toward
the complaining party or a minor child of the complaining party, if there is no
reasonable expectation of reconciliation. There is no waiting period for
these grounds and the spouse may file immediately.
To see more about divorce, visit our Divorce Home.