When can I get a divorce?

In Maryland, getting a divorce is a process that requires a person to file a complaint in the circuit court in the county where they live. Getting a divorce is only possible when the couple has "irretrievably broken down," which is determined by a judge. To qualify, the couple must have been living separately and apart for at least a year or 12 consecutive months. If the couple has children, they must live apart for 18 consecutive months before the divorce can be completed. In certain cases, a court may waive the year-long separation requirement. The court will consider whether or not the couple has been living in separate dwellings for at least 90 consecutive days, and if their respective statements demonstrate that the marriage has irretrievably broken down. In Maryland, fault-based grounds for divorce include adultery, cruel treatment, desertion, and voluntary separation. In addition, couples can get a “no fault” divorce if both of them agree that the marriage is not salvageable. This type of divorce requires a formal document signed by both parties voluntarily acknowledging the end of the marriage. Ultimately, the length of time it will take to get a divorce in Maryland depends on the individual case. However, it generally takes about two to three months from start to finish. Once the divorce is finalized, a judge may issue orders regarding child custody, alimony, and division of property.

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