Irreconcilable Differences is a term used to describe a situation where a married couple faces significant issues or conflicts that cannot be resolved that have led to the breakdown of their marriage. Essentially, it means that the spouses have fundamental differences or problems that make it impossible or impractical for them to continue living together as a married couple. (Overview of Divorce in Maryland | The Maryland People’s Law Library). When filing a complaint for absolute divorce on grounds of irreconcilable differences, the issues and conflicts that cannot be resolved will form the basis that the parties are requesting the permanent termination of the marriage
In Maryland as of October 1, 2023, the grounds for divorce significantly changed. Part of the changes were that Maryland became a no-fault divorce state. Adultery is no longer grounds for divorce. however, a party may claim adultery and request a monetary award due to the other party’s misconduct. If the parties don’t mutually agree to the divorce, there is a six-month separation requirement for and absolute divorce. Even in situations where the parties have a contested hearing, the divorce can still be granted on grounds of irreconcilable differences.
Having a no-fault divorce does not prevent a party from receiving a monetary award. In determining whether to grant a party a monetary award, the court will consider the cause of the breakdown of the marriage as well as a party monetary or non-monetary contributions during the marriage. In a no-fault divorce, a party is still permitted to file a claim for alimony. The court will however apply the factors to determine if alimony is appropriate. The best way to resolve an Absolute Divorce is to settle all aspects of an absolute divorce is to enter into a Marital Separation Agreement.
If you have a need for an attorney for an absolute divorce, contested custody or a highly complex divorce and custody matter, attorney Lynndolyn T. Mitchell is exceptionally qualified to help you navigate through the process.
