Can a spouse approach the court to obtain absolute divorce upon showing adultery by the other spouse in Maryland?

Full question:

I live in Maryland and am a limited divorcee. My husband is now living with his girlfriend. Can I approach the court to obtain absolute divorce?

• Category: Divorce
• Subcategory: Grounds
• Date: 04/07/2025
• State: Maryland

Answer:

During a limited divorce, although the parties live apart, the parties remain legally married. They are not allowed to enter in another relationship. As a rule, if one of the spouses committed adultery, then it is a ground for absolute divorce. Thus, you may approach the court to seek absolute divorce. The court may decree an absolute divorce on the ground of adultery. The provision related to grounds for absolute divorce is provided under Md. FAMILY LAW Code Ann. § 7-103. This reads in pertinent part as follows:

•    (a) Grounds for absolute divorce. -- The court may decree an absolute divorce on the following grounds:
     (1) adultery;

  (1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
   (2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
   (3) desertion; or
   (4) separation, if the parties are living separate and apart without cohabitation.
(b) Time during which decree is effective. -- The court may decree a divorce under this section for a limited time or for an indefinite time.”