Question: In Maryland and the District of Columbia, how long do I have to live apart from my spouse before I can file for divorce?
Answer: No time at all! You do not need any separation period before you file for divorce. You can file for divorce in Maryland and DC whether or not you are separated from your spouse.
On October 2023, Maryland removed fault based grounds for divorce and added the ground of “irreconcilable differences” to the already existing “mutual consent” ground, neither of which require any separation period. While the 6-months-separation ground for divorce still exists in Maryland, the “irreconcilable differences” ground makes the 6-months-separation ground almost unnecessary.
In February 2024, Washington, DC, long a no-fault divorce jurisdiction, removed any separation period from its grounds for divorce. In DC, the only ground for divorce is your stating that you no longer wish to be married.
Both Maryland and DC have made legislative changes in the past two years to permit couples to divorce even if they continue to live under the same roof.
There are a few reasons for these changes:
- Financial Barrier to Divorce. This change is intended to remove the barrier to divorce for those who cannot afford the expense of two homes. Particularly for those suffering physical abuse by their spouses, the Courts to not wish to force someone to remain married simply because they cannot afford to move out.
- Research Shows Separation Periods are Not Preventing Divorce. Initially, separation periods were designed to provide a period of deliberation about the decision to end a marriage, and to give the couple time to consider and attempt a reconciliation. Research has shown, however, that longer separation periods do not tend to correlate with a lower divorce rate. In fact, the research shows that the overwhelming majority of couples who separate eventually divorce.
- Social Change. In my experience, the Courts no longer wish to be morality police and force people to stay married who would prefer to end their marriage. With the rates of divorce that have existed for the last 40+ years, chances are pretty good that among the Court employees who process your divorce (judges, clerks, administrative assistants, etc.) there will be some in that group who have been divorced. It is not the rarity it once was, and is not seen as the social ill it once was. Clearly Courts and legislators have determined that they should not be in the business of putting up hurdles to unhappy couples who want to go their separate ways.
This does not mean that fault in the marriage plays no role in a divorce. The circumstances of the breakdown of a marriage relationship are still factors the Courts must consider in both Maryland and DC when considering property distribution and alimony claims. The recent legislative changes, however, reflect our communities’ belief that those who wish to end their marriage should be readily able to do so.
