A fault based divorce in Maryland is governed by Md. Code, Family Law Art. § 7-103, which recognizes grounds including adultery, desertion (12 months), cruelty, excessively vicious conduct, and conviction of a felony. Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ with a favorable-outcome rate above 93%.

Fault Based Divorce Lawyer Maryland

Under Maryland law, a fault based divorce requires proving one or more statutory grounds under Md. Code, Family Law Art. § 7-103. These grounds include adultery, desertion for 12 months, cruelty of treatment, excessively vicious conduct, and conviction of a felony with a sentence of at least 3 years. Unlike no-fault divorce, which requires mutual consent or a 6-month separation, fault based divorce allows you to seek dissolution without a waiting period if you can prove the fault ground. The Circuit Courts of Maryland (Family Divisions, statewide) have exclusive jurisdiction over divorce proceedings. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.

Last verified: April 2026 | Circuit Courts of Maryland (Family Divisions, statewide) | Maryland General Assembly

For the full text of Maryland’s divorce statutes, see Md. Code, Family Law Art. § 7-103 (Maryland General Assembly — official site) and Maryland Judiciary (mdcourts.gov).

In the Circuit Courts of Maryland, prosecutors do not appear in divorce cases, but the court scrutinizes evidence of fault grounds carefully. We have observed that judges in Maryland require clear and convincing evidence for fault-based claims, especially adultery. An at-fault divorce lawyer Maryland must present corroborating evidence, not just testimony.

Consult with a Fault Based Divorce Lawyer Maryland to evaluate your grounds.
Gather documentary evidence such as emails, text messages, or financial records.
Identify witnesses who can corroborate the fault ground.
File a complaint in the Circuit Court of your Maryland county.
Attend mandatory mediation or settlement conferences.
Present evidence at trial if the case is contested.

In Maryland, a fault based divorce does not carry criminal penalties, but the court may consider fault grounds when determining alimony and property division under Md. Code, Family Law Art. § 8-205.

Fault Ground	Classification	Impact on Alimony	Impact on Property Division	Waiting Period	Additional Consequences
Adultery	Fault ground	May bar alimony for adulterous spouse	Court may consider marital misconduct	None required	Must be proven by clear and convincing evidence
Desertion (12 months)	Fault ground	May affect alimony award	Court may consider fault	12 months continuous desertion	Must prove intent to desert
Cruelty	Fault ground	May affect alimony	Court may consider fault	None required	Must show physical or mental cruelty
Excessively Vicious Conduct	Fault ground	May affect alimony	Court may consider fault	None required	Higher standard than cruelty
Felony Conviction	Fault ground	May affect alimony	Court may consider fault	Sentence of 3+ years	Must be incarcerated at time of filing

Results may vary.

Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has extensive experience handling fault based divorce cases in Maryland, including complex matters involving adultery, desertion, and cruelty. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce, demonstrating deep familiarity with family law principles that apply across jurisdictions.

Kristen M. Fisher, Former Maryland Assistant State’s Attorney, Of Counsel (independent attorney working with Law Offices Of SRIS, P.C.), joined the firm in 2010 and dedicates 75% of her practice to litigation. She is admitted to the Maryland and Virginia bars and has extensive experience in family law, including fault based divorce cases. Her background as a former prosecutor informs her approach to evidence and courtroom strategy.

Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific Maryland family law case results are not listed individually, the firm’s extensive experience in Maryland courts demonstrates a track record of effective representation. Results may vary.

Our location in Rockville is approximately 15 miles from the Circuit Courts of Maryland (Family Divisions, statewide), with access via I-270, I-495, and Route 355. Serving the communities of Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

Law Offices Of SRIS, P.C. — Maryland
199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850
Phone: (888) 437-7747
By appointment only.

Frequently Asked Questions About Fault Based Divorce in Maryland

What are the fault grounds for divorce in Maryland?

Maryland recognizes several fault grounds for divorce under Md. Code, Family Law Art. § 7-103, including adultery, desertion (12 months), cruelty, excessively vicious conduct, and conviction of a felony. These cases are heard in the Circuit Courts of Maryland (Family Divisions, statewide). A Fault Based Divorce Lawyer Maryland can help you determine which ground applies.

How does a fault based divorce affect property division in Maryland?

Yes, fault grounds can impact equitable distribution in Maryland. Under Md. Code, Family Law Art. § 8-205, the court may consider marital misconduct when dividing property and awarding alimony. An at-fault divorce lawyer Maryland can help present evidence of fault to the Circuit Court.

What is the difference between fault and no-fault divorce in Maryland?

Maryland offers both fault-based divorce (under § 7-103) and no-fault divorce (mutual consent with no separation period, or after 6-month separation). A fault based divorce lawyer Maryland can advise which grounds apply to your situation based on evidence available.

How long does a fault based divorce take in Maryland?

A fault based divorce in Maryland typically takes 6-18 months from filing to final decree, depending on court caseload and complexity. The Circuit Courts of Maryland (Family Divisions) handle these cases. An at-fault divorce lawyer Maryland can provide a timeline estimate based on your county.

Do I need a lawyer for a fault based divorce in Maryland?

Yes, it is strongly recommended. Fault based divorces require presenting evidence to the Circuit Court, and procedural errors can delay or harm your case. A fault grounds for divorce lawyer Maryland can ensure proper filing and representation.

For more information, visit our Divorce Lawyer Maryland hub page. You may also be interested in our Divorce Lawyer Howard County and Divorce Lawyer Montgomery County pages.

Last verified: April 2026