In the instance a spouse makes a claim for a breakdown of the marriage against the other, a "ground" or reason is necessary for a “limited” or “absolute” divorce. In the State of Maryland, the Court may grant a No-fault divorce if a) the spouses have voluntarily lived separate and apart for a period of not less than one (1) year without interruption or cohabitation and there is no reasonable expectation of reconciliation or b) the spouses have lived separate and apart without interruption for two (2) or more years. If the parties agree to "no-fault" grounds but cannot agree on terms, the divorce is considered "contested". An “uncontested divorce” is simply a no-fault dissolution where the spouses agree on the terms of the divorce (child custody, property division, etc.).
This means that the “fault” of one of the parties in destroying the marriage is not an issue in the divorce. No-fault divorce has the advantage of sparing the spouses the acrimony of the 'fault' processes, and the disadvantage of closing the eyes of the court to any and all improper spousal behavior. It is most often associated with an incompatibility of temperament such that the parties can no longer live together and any further attempts at reconciliation are impractical or futile, and not in the best interests of the parties. No FaultĪ “No-fault” divorce is an irretrievable breakdown of the marriage. (Note: Please remember, these are only interpretative reviews by the Children’s Rights Counsel and are not intended to provide legal advice specific to your circumstance. Requirements and Interpretations for the State of Maryland
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