Irreconcilable Differences as a Ground for Divorce in Maryland

In order to file for divorce in Maryland, you need to have grounds for a divorce. The term “grounds for divorce” means that there must be a legally recognized basis for the Court to grant you a divorce. The grounds for divorce in Maryland are codified by statute in Md. Code Ann., Fam. Law § 7-103.

As of October 1, 2023, some major changes went into effect concerning grounds for divorce in Maryland. Many of the old grounds for divorce – such as adultery, cruelty and excessively vicious conduct – were repealed. In their place, new grounds for divorce were added.

One of the new grounds for divorce is referred to as “irreconcilable differences.” Specifically, Md. Code Ann., Fam. Law § 7-103 (a) (2) provides that the Court may grant an absolute divorce on “irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage.” Many people – including attorneys – have wondered what exactly this means. In other words, what does somebody need to show in order to prove that they are entitled to a divorce based on irreconcilable differences? The answer to this question will continue to crystalize in time as more and more cases based on irreconcilable differences are decided by the Courts.

In the meantime, for people looking to file for divorce based on irreconcilable differences, it is very important to explain the reasons why you feel you cannot reconcile with your spouse. These reasons are generally articulated in the Complaint for Absolute Divorce which the party initiating the divorce action files with the Court. If the plaintiff does not clearly articulate their reasons for irreconcilable differences in their Complaint, they run the risk that the Court will not grant them an absolute divorce based on that ground.

It is extremely important that you have a knowledgeable and experienced attorney in your corner as you go through the divorce process. Robert Greenberg, Esq. and the Greenberg Legal Group (https://greenberglegalgroup.com/) can guide you through this process and find the best outcome for your specific circumstances. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650 – 4242 for further assistance.