Desertion Divorce Lawyer Maryland, MD

You believed your spouse’s abandonment—sometimes called desertion—was a valid reason to file for divorce in Maryland. For decades, it was. But Maryland’s divorce law changed on October 1, 2023, and desertion is no longer a ground for absolute divorce. This can feel confusing, especially if you have been living apart from your spouse for a long time. The experienced family law attorneys at Law Offices Of SRIS, P.C. help clients navigate the current divorce landscape in Maryland, whether you are just starting the process or need guidance on how the 2023 reform affects your situation. Contact us at (888) 437-7747 to discuss your options. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Desertion Divorce Meant in Maryland

Under prior Maryland law, desertion was a fault‑based ground for absolute divorce. If one spouse willfully and without justification left the marital home and remained absent for at least one year, the abandoned spouse could seek a divorce on that ground. Courts considered whether the departure was continuous, whether it was without the consent of the remaining spouse, and whether there was any reasonable expectation of reconciliation. Desertion, like adultery and cruelty, allowed one spouse to place blame on the other, which sometimes affected alimony or property division.

Today, however, those fault grounds have been repealed. The Maryland General Assembly enacted SB 36 / HB 14 (codified at Md. Code, Family Law § 7‑103) to simplify divorce procedure and reduce the adversarial nature of the process. Desertion, adultery, cruelty, and excessively vicious conduct are no longer recognized as independent grounds for divorce in Maryland. Limited divorce—a legal separation that did not end the marriage—has also been abolished. Understanding these changes is essential, especially if you searched for “desertion divorce lawyer Maryland” and were unaware of the reform.

Maryland’s Current Divorce Grounds

Under current law, there are only three ways to obtain an absolute divorce in Maryland:

• Mutual consent. Both spouses agree to divorce and have a written settlement agreement resolving all issues, including property division, alimony, and—if there are minor children—custody and support. No separation period is required.
• Six‑month separation. The spouses have lived separate and apart for at least six months without interruption before the filing of the complaint. They may live under the same roof if they are pursuing separate lives.
• Irreconcilable differences. One spouse asserts that differences have arisen that are intractable, and those differences have caused the breakdown of the marriage. No particular waiting period is specified, but the differences must be genuine and substantial.

The court may also grant a divorce on the ground of permanent legal incapacity, which does not require a separation period. For most couples, the path forward is through mutual consent or the six‑month separation ground. The elimination of fault grounds does not mean fault is irrelevant: evidence of marital misconduct may still be considered by the court when deciding alimony or the distribution of marital property. The Circuit Court for Montgomery County and other Maryland circuit courts handle all divorce, alimony, equitable distribution, and property division matters.

How the Firm Handles Maryland Divorce Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys bring extensive combined legal experience to Maryland family law matters. The firm’s Maryland location serves clients throughout Montgomery County, Prince George’s County, Howard County, and all twenty‑four Maryland counties. The process typically begins with a consultation to review your situation and identify the most appropriate ground for divorce under the current statute.

Because the law changed recently, many people are uncertain about whether they still need to prove fault or wait a year. The firm helps clients understand that mutual consent or the six‑month separation ground often provides a simpler, less contentious path. When disputes arise over child custody, support, or the division of assets, Mr. Sris and his Of Counsel work to pursue a favorable resolution through negotiation or, when necessary, litigation. The timeline for a divorce depends on the complexity of the issues and the court’s calendar. All family law cases are handled at the relevant Maryland circuit court, such as the Montgomery County Circuit Court in Rockville or the Prince George’s County Circuit Court in Upper Marlboro.

If you filed for divorce before October 1, 2023, and your case was based on desertion, the prior law may still apply in some circumstances. Every situation is unique, and the firm evaluates the facts of your case to determine how the reform affects your procedural posture. For new filings, the firm guides you through the current statutory framework.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, a former prosecutor, founded Law Offices Of SRIS, P.C. in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Over his career, he has handled a wide range of family law matters, including contested and uncontested divorces, child custody disputes, and property division. His background as a trial attorney informs the firm’s approach to litigation when settlement is not possible.

The firm’s Of Counsel attorneys work alongside Mr. Sris on Maryland family law cases. Collectively, Mr. Sris and his Of Counsel have documented case results across all practice areas. Results may vary. The firm’s Maryland location serves clients from Rockville, Bethesda, Silver Spring, Gaithersburg, and other communities throughout the state. Appointments are available by request. Call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

Is desertion still a ground for divorce in Maryland?

No. Desertion was eliminated as a ground for absolute divorce effective October 1, 2023. Maryland now recognizes only three grounds: mutual consent, six‑month separation, and irreconcilable differences. The prior fault grounds, including desertion, adultery, and cruelty, have been repealed. If you have questions about whether a divorce filed before that date still qualifies under the old law, an attorney can review your case.

What if my spouse abandoned me before the law changed?

Your options depend on when you file for divorce. If you filed a complaint for divorce based on desertion before October 1, 2023, the prior law may still apply, depending on the procedural posture of your case. For new filings, desertion is no longer available. Most people in your situation can pursue a no‑fault divorce under the six‑month separation ground or seek mutual consent if an agreement can be reached. An experienced family law attorney can explain which ground is appropriate for your circumstances.

How long does a divorce take in Maryland now?

The timeline varies by case and the ground used. A mutual consent divorce with a signed agreement can move relatively quickly, often resolved in a matter of months after filing. A six‑month separation divorce requires that the separation period be complete before filing, adding to the overall time. Contested divorces involving custody, support, or complex property division take longer and depend on court scheduling and the extent of discovery and motion practice. Every case is different; the timeline is set by the facts and the court’s calendar.

Do I need a lawyer for a Maryland divorce?

You are not required to have a lawyer, but legal guidance is strongly recommended. Maryland’s divorce forms are available online, yet even an uncontested divorce involves issues of property classification, equitable distribution, and potential alimony. Mistakes can have lasting financial consequences. An attorney can help you draft a settlement agreement that protects your interests, identify the correct ground for divorce, and navigate the procedural requirements of the circuit court. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I still get alimony even if I don’t cite fault?

Yes. Alimony in Maryland is determined by statutory factors, not by proving fault. The court considers factors such as the length of the marriage, the standard of living during the marriage, each spouse’s earning capacity, and contributions to the family. While marital misconduct can be considered in some circumstances, it is not a prerequisite for alimony. The shift to no‑fault divorce does not bar a spouse from seeking rehabilitative or indefinite alimony where the financial facts support it.

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For authoritative information on the current statute, visit the Maryland Code, Family Law § 7‑103. General court procedures and forms are available at the Maryland Judiciary website. Divorce matters in Montgomery County are heard at the Montgomery County Circuit Court.

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement. The firm’s Maryland location is at 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850, by appointment only. Attorney responsible for this advertising: Mr. Sris.

Case results depend on a variety of factors unique to each case.