No Fault Divorce Now Law in All 50 States

On October 13, 2010 Consumer Reports.com reported that no-fault divorce has become available in all fifty states, with New York making no fault divorce part of their laws on October 12, 2010. A no-fault divorce is a divorce filing in which no fault based grounds need to be alleged, such as adultery or spousal abuse. As reported in our August 19, 2009 blog Maryland is a what is called a “hybrid state” in that a party filing for divorce may elect to proceed on fault (contested) or no-fault (uncontested) based grounds.

In Maryland, a no-fault (uncontested) divorce is based on the understanding that the marriage is irretrievably broken. Meaning, that the husband and wife mutually and voluntarily separated from one another, there is no hope or expectation of a reconciliation, and they are and have been living separate and apart without cohabitation for a period of at least one year. If the prior conditions are met, either spouse may file for a divorce once they have been separated for 365 consecutive days. If only one spouse believes that the marriage is irretrievably broken, that spouse may file for a no-fault (uncontested) divorce after the parties live separate and apart for 24 months.

For more information on no fault divorce, contact Monica Scherer, Esq. at 410-625-4740