How do I prove separation?

In Maryland, one may obtain a limited divorce or an absolute divorce on the
ground of separation.

Maryland law defines separation as the condition in which two
spouses refrain from BOTH (1) sleeping under the same roof, which
generally means in the same building, AND (2) engaging in sexual intercourse.
At any point in which two spouses sleep under the same roof even once, even if
they sleep in separate rooms, or engage in sexual intercourse, the separation
stops and starts over.

In order to obtain a limited divorce on the ground of separation, one must show
“voluntary separation”.  Voluntary separation requires any period of
separation that is voluntary.  That is, the separation must be voluntary and with
the intent to end the marriage on the part of both spouses.  If one of the spouses
disagrees with the separation, the separation is not voluntary and does not provide
grounds for a limited divorce.  In addition to being voluntary, the separation must
also exist without there being any reasonable hope or expectation of reconciliation.

A limited divorce based on voluntary separation does not require any particular length
of separation. It only requires that the separation have already started.  Therefore, the
parties may file for a limited divorce based on this ground after only one day
of separation.

In order to obtain an absolute divorce on the ground of separation, one must show one
of two separation-related grounds–“voluntary separation for one year” or “separation
for two years”.

“Voluntary separation for one year” requires that one prove that the separation be
voluntary and with the intent to end the marriage on the part of both spouses
and that it exist without interruption for one full year prior to the filing of
the complaint for absolute divorce.  If one of the spouses disagrees with the
separation, the separation is not voluntary and does not support an absolute
divorce based on “voluntary separation for one year”.  In addition to being
voluntary, the separation must also exist without there being any reasonable
hope or expectation of reconciliation.

The second separation-related grounds for absolute divorce is “separation for two years.”
Such ground requires only that the separation have occurred without interruption for two
whole years prior to filing the complaint for absolute divorce, and that the
separation exist without any reasonable hope or expectation of reconciliation.

Such ground does not require voluntariness or intent to end the
marriage, therefore, the court may grant it regardless of whether the other
spouse agreed or disagreed with the separation.  In fact, the very purpose of
this ground is to provide a spouse who wants a divorce a means of obtaining one
over the objection of his or her spouse.

How do I prove imprisonment, or conviction of a crime?

In Maryland, a person may obtain an absolute divorce against a spouse if (1) the spouse has been
sentenced to serve at least three years or an indeterminate sentence in a penal institution, and (2) the
spouse has served at least one year of that sentence.

Divorces based on this ground are extremely rare.

How do I prove insanity?

A party may obtain an absolute divorce against the other if the other is declared insane.

A divorce based on the ground of insanity is possible if:  (1) the court finds that the spouse
has been confined in a mental institution, hospital, or other similar institution for at
least three years before the filing of the complaint for divorce, (2) the court
determines from the testimony of at least two physicians who are competent in
psychiatry that the insanity is incurable and that there is no hope of recovery,
and (3) one of the parties has resided in Maryland for at least two years before
the filing of the complaint for divorce.

Divorces based on this ground are extremely rare.

How do I prove excessively vicious conduct or cruelty of treatment?

Cruelty of treatment and excessively vicious conduct are two
distinct grounds for divorce, however, they mean essentially the
same thing.  As a result, they are often listed together.

A limited divorce is available on these grounds, however, cruelty of treatment and
excessively vicious conduct are rare.  The typical poor treatment of which
spouses commonly accuse each other as a marriage disintegrates rarely arises to
a level sufficient to prove these grounds in court.  Typically such grounds
require substantially more than disagreements, emotional isolation, arguments,
shouting, and even an occasional incident of physical violence.  These grounds
generally require a condition that is closer to routine and deliberate mental or
physical torture by one spouse against the other or against a minor child of the
complaining party.

In addition to a limited divorce, these grounds also serve as
grounds for an absolute divorce.  In order to obtain an absolute divorce
on these grounds, in addition to the above, a party must also show that
there is no reasonable hope or expectation that the parties will reconcile.

How do I prove desertion?

One may obtain a limited divorce on the ground of “desertion”, which is
sometimes called “abandonment”.  For limited-divorce purposes, desertion
requires that there be an unjustified and deliberate act by one spouse to
abandon the other, either by leaving the residence or by creating an intolerable
condition that forces the other to leave the residence.

One may also obtain an absolute divorce on the ground of “desertion.”  In order to
obtain an absolute divorce on this ground, in addition to the above conditions,
the desertion must exist without interruption for at least one year prior to
filing the complaint for absolute divorce.  Finally, there must be no reasonable
expectation that the parties will reconcile.

I should emphasize that the conduct must be unjustified to constitute desertion.  If one
is justified in leaving or forcing the other out, then such conduct does not constitute
desertion.  Justification must consist either of the existence of another ground
for divorce OR conduct by the other spouse that creates an intolerable living
condition or otherwise renders continuation of the marital relationship
impossible.  Obviously, physical abuse would most likely constitute conduct that
creates an intolerable living condition and that justifies the other party in
leaving or in forcing the other spouse to leave.  Many other examples may also
exist.

In addition, desertion requires the absence of consent of the
party being deserted.  If one spouse consents to the other spouse’s leaving,
than such leaving does not constitute desertion.

How do I prove adultery?

One party can obtain an absolute divorce from the other if he
or she can prove that the other party committed adultery–that is,
that the other party cheated on his or her spouse.  The law recognizes that acts
of adultery usually occur secretly, therefore, it does not require first-hand
proof of the actual act of intercourse in order to establish the ground of
adultery.  Absent such first-hand evidence, the law requires that only two
elements be shown:  (1) disposition and (2) opportunity.  That is, the party
need only show that the other party has the disposition, or personal character,
that allows him or her to commit such an act, and that the party had the
opportunity to commit the act.

Recrimination is a common issue on the topic of adultery.
Recrimination occurs when both parties commit adultery, and
the question arises whether both are thereby prohibited from obtaining a divorce
on the ground of adultery.  The law states that recrimination is not a bar to a
claim for divorce based on adultery, but it will be a factor that the court will
consider.

Condonation is another common issue on this topic.  Condonation
occurs when one party learns that the other spouse has committed adultery but
forgives the other spouse or continues to reside with the other spouse as
husband or wife.  As with recrimination, condonation is not a bar to a claim for
divorce based on adultery, but it will be a factor that the court will
consider.  The court may conclude that, if the parties continued their marital
relationship for a substantial period of time after disclosure of the adultery,
then the adultery could not have been the real cause of the subsequent breakup
of the relationship.

Adultery is not a ground that is available for obtaining a limited divorce.

What are the grounds for divorce?

Anybody filing for divorce must show grounds for the divorce.  In Maryland,
there are several district grounds that the court recognizes as entitling a
person to a divorce.

For a limited divorce, a person must show one of the following grounds:
1.    Voluntary separation for any period.
2.    Desertion
3.    Cruelty of treatment, or excessively vicious conduct

For an absolute divorce, a person must show one of the
following grounds:
1.    Voluntary separation for one full year
2.    Separation for two full years
3.    Desertion for one full year
4.    Cruelty of treatment, or excessively vicious conduct
5.    Adultery
6.    Insanity
7.    Imprisonment

Unlike in other states, there is no such ground as “irreconcilable differences.”
Simply having differences that prevent spouses from getting along does not serve
as a ground for divorce in Maryland like it might in some other states.  The
simplest way to get a divorce in Maryland is usually to show the ground of
one-year voluntary separation.