No fault divorce has reshaped the legal landscape of family law in Maryland, offering a more accessible, less adversarial pathway to end a marriage. Whether you’re considering filing for divorce or simply seeking to understand your rights, grasping the fundamentals of no fault divorce can help you navigate this significant life transition with clarity and confidence.
In this blog post, we’ll walk through 7 key facts about Maryland’s no fault divorce process as of 2025, including the major legal reforms that have recently taken effect. This guide is essential reading for anyone beginning or anticipating divorce proceedings.
1. Maryland Officially Adopted No Fault Divorce in 2023
In October 2023, Maryland eliminated all fault-based grounds for divorce. Prior to the reform, individuals could file on grounds such as adultery, cruelty, or desertion. However, the updated law now allows divorce based solely on irreconcilable differences, mutual consent, or a six-month separation.
This change brings Maryland in line with the majority of U.S. states, which have moved toward no fault divorce as a way to reduce courtroom conflict, simplify proceedings, and protect families from public airing of personal grievances.
2. You Can Now File Even If You Still Live Together
One of the most transformative aspects of Maryland’s new law is that spouses do not need to physically live apart to file for divorce. Under the no fault divorce system, a couple can qualify for divorce after six months of separation, even if they continue to live under the same roof, states Susan Saunders.
The key requirement is that the couple must live “separate and apart in the same home”—meaning no romantic relationship, no shared bedroom, and no commingling of finances or daily life. This nuance has made the divorce process more practical, especially in high-cost housing markets where moving out prematurely could impose a financial burden.
3. No More Fault-Based Allegations Required
Prior to the legal overhaul, filing for divorce in Maryland often involved alleging and proving a spouse’s misconduct—cheating, abandonment, abuse, or financial irresponsibility. This process could be both emotionally damaging and time-consuming.
The no fault divorce model removes the need to assign blame or expose private details to public scrutiny. Instead, a person can file simply by stating that the marriage has irretrievably broken down due to irreconcilable differences. This avoids unnecessary litigation and allows couples to resolve matters like property division and child custody without having to prove fault.
4. Mutual Consent Divorce is Still an Option
Even with the expanded availability of no fault divorce, mutual consent divorce remains a viable and often preferred route—particularly for couples who agree on key issues such as alimony, asset distribution, and parenting plans.
If both parties sign a written settlement agreement and all other conditions are met, the court can grant a divorce without requiring separation or a hearing. This fast-track option is often used by couples who want to part amicably and efficiently. It’s technically a form of no fault divorce, but with fewer procedural steps.
5. The Six-Month Separation Can Be Documented Creatively
One common question Maryland residents ask is how to prove the six-month separation when both parties still live in the same home. The courts are flexible, and proof may come in the form of affidavits, testimony, or evidence of separate financial accounts, separate bedrooms, and changed behavior patterns.
Many couples document this period proactively—by journaling the date the romantic relationship ended, tracking household expenses separately, or notifying friends or family that they are now functionally separated. These steps can help demonstrate the integrity of the no fault divorce claim if it’s ever contested.
6. Custody and Alimony Still Require Court Review
While no fault divorce removes the need to prove wrongdoing, it doesn’t automatically resolve issues like child custody, child support, or alimony. The court will still evaluate these matters using the best interests of the child standard and economic fairness principles.
A clean, efficient no fault divorce does not mean every case is uncontested. If the parties disagree on parenting time or support obligations, a judge may still be required to decide the outcome. However, the streamlined divorce ground can reduce the adversarial tone of those disputes.
7. Electronic Filing (MDEC) Makes No Fault Divorce Easier Than Ever
Maryland’s e-filing platform (MDEC) allows self-represented litigants to file for divorce online in many counties. Users can prepare their forms using Maryland’s Guide & File tool and submit them directly to the court system.
The platform supports the no fault divorce model well—since fewer documents and less proof are needed, filing electronically has become a viable, cost-effective solution. Even those unfamiliar with legal proceedings can now begin the divorce process without having to attend the courthouse in person.
Final Thoughts: Empower Yourself with the Facts
Maryland’s shift to no fault divorce reflects a broader legal trend toward simplification and privacy. The elimination of fault-based divorce grounds has made the process more humane, less expensive, and more accessible for thousands of residents.
By understanding the updated law—including the options of mutual consent, the six-month separation period, and the ease of electronic filing—you can make informed decisions that support your legal and personal goals. Whether you plan to hire an attorney or proceed pro se, knowing the facts will help you advocate for yourself confidently and competently.
If you’re considering a no fault divorce in Maryland, now is the time to explore your options, gather the necessary documents, and prepare for a transition rooted in respect rather than conflict.
