Navigating Military Divorce: Grounds for Divorce

Navigating Military Divorce: Grounds for Divorce

Divorce is a challenging process for any family, but for military families, the unique challenges of military life, such as deployments and benefit entitlements, make it even more complex. Adding to the complexity, the laws governing divorce are constantly evolving, especially in states like Maryland, Virginia, Washington, D.C., and Texas. This is an area where laws are changing rapidly, so it is crucial to verify the current state of the law or consult a lawyer to determine if any grounds for divorce have changed since this blog was drafted.

At our firm, founded by former military JAG attorneys, we understand these complexities deeply. Our clients benefit from working with attorneys who are well-versed in military-specific legal issues, ensuring your divorce is handled with the unique challenges of military life in mind. Every military-connected client is assigned a former military JAG attorney to ensure military-specific issues, such as benefit entitlements and deployment schedules, are fully considered.

What Are Grounds for Divorce?

"Grounds for divorce" are the legally acceptable reasons for which a person can file for divorce in a particular state. These vary depending on the state and can include fault-based grounds, where one spouse must prove the other's wrongdoing, or no-fault grounds, where no blame is assigned to either party.

Grounds for Divorce in Maryland (As of October 2024)

Recent changes to Maryland divorce law, effective October 2023, have simplified the process. Maryland no longer recognizes fault-based grounds for divorce. The state now allows for:

1. Six-month separation: Couples must live apart for at least six months without interruption, although they may live under the same roof as long as they lead separate lives.
2. Irreconcilable differences: One spouse asserts that the marriage is beyond repair, with no need for a separation period.
3. Mutual consent: Both spouses agree to divorce, and they reach a written settlement agreement resolving all issues​.

Grounds for Divorce in Virginia

Virginia offers both no-fault and fault-based divorces:

1. No-fault divorce: Requires one year of separation without cohabitation. This period is reduced to six months if there are no minor children and the spouses have a separation agreement.
2. Fault-based grounds: These include adultery, cruelty, desertion, felony conviction, and sodomy or buggery​.

Grounds for Divorce in Washington, D.C.

Washington, D.C., also underwent significant changes in 2023. The law no longer requires a separation period for divorce. Now, the grounds for divorce are:

1. No-fault divorce: Based on irreconcilable differences. This is the primary ground and does not require physical separation prior to filing.

Grounds for Divorce in Texas

Texas allows for both no-fault and fault-based divorces:

1. No-fault divorce: Based on insupportability, meaning conflicts between spouses have destroyed the marriage and reconciliation is not possible.
2. Fault-based grounds: These include adultery, cruelty, abandonment for at least one year, felony conviction, living apart for at least three years, and confinement in a mental hospital​.

What Does Separation Mean in Each Jurisdiction?

Separation requirements vary by state:

• Maryland: Requires six months of separation, though spouses can live under the same roof as long as they lead separate lives.
• Virginia: A one-year separation is required, or six months with no minor children and a separation agreement. Spouses can also live under the same roof provided they can affirmatively prove to be leading separate lives.
• Washington, D.C.: No separation is required before filing for divorce.
• Texas: There is no formal separation period for no-fault divorce based on insupportability, but living apart for at least three years is a fault-based ground for divorce.

Call to Action: Protect Your Future with an Experienced Military Divorce Attorney

Military families face additional layers of complexity during divorce, from handling military pensions and the Survivor Benefit Plan (SBP) to addressing child custody during deployments. At our firm, we understand these challenges, and every military-connected client is assigned one of our former military JAG attorneys to ensure all military-specific issues are addressed with precision.

If you are considering divorce in Maryland, Virginia, Washington, D.C., or Texas, contact us today by calling 301-952-9000 or scheduling an intake call (CLICK HERE). Our team is here to help you protect your rights and future while navigating the legal and military complexities of divorce.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.