A Fault Based Divorce Lawyer Rockville handles cases under Md. Code, Family Law Art. § 7-103 for adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 21 documented case results in Montgomery County. You do not need a separation period for fault-based grounds in Maryland.
Last verified: April 2026 | District Court of MD for Montgomery County | Md. Code, Family Law Art. § 7-103 (official Maryland General Assembly)
Maryland law recognizes specific fault grounds for divorce under Md. Code, Family Law Art. § 7-103. These grounds include adultery, cruelty of treatment, excessively vicious conduct, desertion, and voluntary separation. Unlike no-fault divorce, a fault-based divorce does not require a waiting period or separation agreement. You must prove the fault ground occurred. The court considers fault when dividing marital property and awarding alimony. Law Offices Of SRIS, P.C. has handled these cases since 1997.
Review the official statute: Md. Code, Family Law Art. § 7-103 (official Maryland General Assembly). For court procedures, visit the Montgomery County Circuit Court website.
- File a Complaint for Absolute Divorce at Montgomery County Circuit Court, 191 East Jefferson Street, Rockville, MD 20850.
- Serve the complaint on your spouse through sheriff or private process server.
- Attend case management conference within 60 days of filing.
- Participate in mandatory mediation for custody issues if children are involved.
- Complete the mandatory parenting seminar if you have minor children.
- Proceed to merits hearing or settlement conference to finalize the divorce decree.
In Montgomery County, fault-based divorce under Md. Code § 7-103 carries no criminal penalty but affects property division and alimony awards.
| Ground | Classification | Impact on Property | Impact on Alimony | Proof Required | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault ground | Court may award less marital property to adulterous spouse | May bar alimony for adulterous spouse | Clear and convincing evidence | No criminal penalty in divorce context |
| Cruelty | Fault ground | May affect equitable distribution | May support indefinite alimony | Pattern of physical or mental abuse | Protective orders possible |
| Desertion | Fault ground | May affect property division | May affect alimony award | 12 months continuous abandonment | No criminal penalty |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
In Montgomery County, Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas with a 95% favorable outcome rate. Firm-wide, the firm has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Rockville/MD location serves clients at Montgomery County courts, accessible via I-270, I-495, and Route 355 (Rockville Pike). We serve Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase.
Fault Based Divorce Lawyer Rockville near Rockville Town Square and Montgomery County Government Center.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (888)-437-7747 — meetings by appointment only. By appointment only.
Q: Can I file for fault-based divorce in Montgomery County without a separation period?
Yes. Fault grounds like adultery, cruelty, or desertion do not require a separation period under Md. Code § 7-103. You can file immediately after the fault occurred.
Q: How long does a fault-based divorce take in Montgomery County?
It depends. Uncontested fault divorces can finalize in 2-3 months. Contested cases requiring a merits hearing may take 6-12 months depending on court scheduling and discovery.
Q: Does adultery affect property division in Maryland?
Yes. Maryland courts consider marital fault when dividing property under equitable distribution. Adultery may result in a less favorable property award for the adulterous spouse.
Q: What evidence do I need to prove cruelty for divorce in Rockville?
You need clear and convincing evidence of a pattern of physical or mental abuse. Medical records, police reports, witness testimony, and documented incidents support a cruelty claim.
Q: Can I get alimony in a fault-based divorce in Montgomery County?
Yes. Alimony is determined by statutory factors under Md. Code § 8-205. Fault may affect the amount and duration, but does not automatically bar alimony for the innocent spouse.
Q: What is the filing fee for a fault-based divorce in Montgomery County Circuit Court?
The Circuit Court divorce filing fee is $165. Additional costs include service of process ($40 sheriff or $50-$100 private), certified copies ($20 each), and parenting seminar fees ($50-$100).
For more information, visit our Maryland Divorce & Family Lawyer hub page. See also our Prince George’s County Divorce Lawyer and Howard County Divorce Lawyer. For other legal needs in Montgomery County, see our Montgomery County Criminal Defense Lawyer and Montgomery County DUI Lawyer. View attorney profile: Mr. Sris. Our Rockville/MD location is available by appointment only.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.