When can I ask the court to grant me an Absolute Divorce. In other words, what are the “grounds” (or legal reasons) for an Absolute Divorce?
The grounds for an Absolute Divorce are as follows: a. Adultery (no waiting period to file, usually proven by circumstantial evidence). b. Desertion, if: • The desertion has continued for twelve months, without interruption before the filing of the complaint for divorce. • the desertion is deliberate and final. • there is no reasonable expectation of a reconciliation. **Maryland case law requires that it must be proven that the abandoning spouse left the marital home with the intention of permanently not return. c. Voluntary Separation if: • The parties voluntarily have lived separate and apart without cohabitation for twelve months without interruption before filing for divorce. • There is no reasonable expectation of reconciliation. d. Conviction of a Felony if: conviction was in any state or in any court of the United States if before the filing of the application for divorce the defendant has been sentenced to • serve at least three years or an indeterminate sentence in a penal ins
