Dissolution of Marriage vs. Divorce: Key Differences Explained

Dissolution of marriage vs. divorce: what’s the difference? Learn more and decide which legal process applies to your needs. Click for insights.

According to the most recent available data from the U.S. Census Bureau, the national divorce rate was 7.1 as of 2022. However, since it’s only the average, rates are higher for half of the states and lower for the other half.

For instance, per the Census Bureau’s interactive ranking table, Maryland sits at the top half (15th place), with a higher-than-national rate of 8.4. In California, a state that uses the term “dissolution of marriage,” it’s only 5.9.

Reading all that may have now made you wonder how the terms dissolution of marriage vs. divorce even differ. While some use it interchangeably, they may hold different legal meanings and implications, depending on where you live.

Join us at Blattner Family Law Group as we explain the difference between divorce terms. Read on to learn the most crucial facts about them and marriage termination options in Maryland.

Dissolution of Marriage vs. Divorce: Highlights of Differences

“Dissolution of marriage” refers to the legal process of terminating a marriage. On the other hand, divorce is just one way to terminate or “dissolve” a marriage contract. So, a divorce is a specific method used for the “dissolution of a marriage,” but depending on your state, there are other ways to end a civil union.

As mentioned above, California is one state that uses the legal term “dissolution of marriage” to refer to divorce, per the Orange County Superior Court. It also allows for other ways to terminate a marriage, such as through a legal separation process or annulment, also called “nullity.”

In Maryland, however, divorce and annulment are the only ways to dissolve a marriage. There is no longer such a thing as legal separation in Maryland. Furthermore, the state refers to the dissolution of marriage as “absolute divorce.”

Divorce vs. Annulment in Maryland

In Maryland, divorce is the most common way to end a marriage because, compared to annulment, establishing the grounds (legal reasons) can be straightforward. For example, someone who wishes to dissolve their marriage can do so due to irreconcilable differences (we’ll explain this in more detail below).

On the other hand, an annulment, which effectively “erases” the marital union and regards it as never having existed, is much more complicated than divorce. Establishing the mandatory grounds and factors is complex and challenging, requiring the marriage to be void or voidable.

What Is a Void Marriage?

Under Maryland Code, Family Law § 2-202, a void marriage shouldn’t have existed in the first place because it’s illegal. For a marriage to be void and eligible for annulment, it must involve either:

Bigamy, wherein either party was already in a legal marriage
Incest, such as if the parties have a biological relationship or one by marriage to a certain degree

A marriage deemed void in the state will always be invalid. So, anyone involved in the marriage, including a third party, can have the union deemed void and start the annulment process.

What About a Voidable Marriage?

Unlike a void marriage considered by law invalid at any time, a voidable marriage remains valid until otherwise declared by the court to be invalid. Establishing a marriage to be voidable is even more complex because it often involves the aspect of victimization. Moreover, only the victim in the marriage usually has the power to challenge the union’s validity.

An example of a voidable marriage, under Maryland Code, Family Law §§ 2-301, is when one of the parties, at the time of the ceremony, was under 17 years old. Under state laws, only individuals 17 or older can marry, and even those aged 17 still require parental or guardian consent.

Maryland courts may also deem a marriage voidable if one of the parties obtained the other’s consent illegally. An example of how this can happen is through fraud, such as forging a birth certificate. Another is through coercion, wherein one of the parties “forced” the other to get married.

What Does One Need to File for Divorce in Maryland?

The primary requirements for filing for absolute divorce in Maryland involve residency and grounds. However, it’s worth noting that before October 2023, the state allowed another type of divorce called “limited divorce.”

Limited divorce in Maryland was akin to what other U.S. states call “legal separation.” The changes to Maryland’s family law that took effect on October 1, 2023, removed this option and retained only absolute divorce (Maryland Code, Family Law, § 7-103).

So, when one files for divorce in Maryland, they file for absolute divorce. Here’s what you need to know about the requirements for the legal dissolution of marriage in the state.

Residency Requirements

One of the parties in the marriage must be a Maryland resident. The required length of residency depends on where the ground for divorce took place.

If the legal reason occurred in the state, either party can file for a divorce as long as they are current Maryland residents. If it happened outside of the state, either party must have been a Maryland resident for at least six months before they can file for divorce.

Grounds for Absolute Divorce

The three valid grounds or legal reasons for absolute divorce in Maryland are:

Irreconcilable differences
A six-month separation
Mutual consent

So long as someone has one of those reasons and meets the residency requirement, they can file for a divorce in the state.

1. Irreconcilable Differences

Irreconcilable differences are among the most common grounds for divorce in Maryland. In these cases, both parties in the marriage usually can no longer get along, so it’s just best for them to go their separate ways. Although this is a valid reason to dissolve a marriage, it can lead to an acrimonious divorce.

A perfect example is when a couple fights over finances. Debt is particularly a decisive factor. Indeed, according to CNBC News, a study found that over half (54%) of participants regard debt as a reason for divorce.

2. Six-Month Separation

In this scenario, the married couple should have lived apart and separated for six months without interruption before they can apply to have their marriage terminated.

Under Maryland Code, Family Law § 7-103(b), “separation” includes living a separate life and not just physically living apart. So, a married couple can still live under one roof. However, if they’ve stopped leading their lives as each other’s spouse for at least six months, they can use this as a ground for absolute divorce.

3. Mutual Consent

Mutual consent means both parties agree to get a divorce or dissolve their marriage. So, problems like one not wanting to sign the divorce papers are unlikely to happen in this scenario.

Still, married couples who plan to use mutual consent as their reason for divorce need to prepare and meet the following requirements.

Written Settlement Agreement

A written settlement agreement is a contract establishing that both spouses have agreed to or resolved all familial matters, including:

Alimony, or monetary support to one’s former spouse
Property distribution
Child access, care, and custody

Both parties must also sign the written settlement agreement.

Completed Child Support Guidelines Worksheet

If the married couple filing for divorce has a minor child or children, they must also come to terms with child support. They must agree on whether one spouse should pay it to the other. If so, they must complete a child support guidelines worksheet and file it with their other documentary requirements.

Complete Agreement to the Settlement

When filing for divorce based on mutual consent, both parties must put into writing that they don’t object to anything in the settlement agreement. They must do this before filing for divorce and attending the divorce hearing.

Agreement Terms Based on Children’s Best Interests

For divorcing couples with children, the terms of the written settlement agreement must revolve around their children’s best interests. The court will review the agreement thoroughly and decide if its terms are satisfactory for the kids’ welfare and well-being.

Is a Lawyer Mandatory When Filing for Divorce in Maryland?

No. The law doesn’t require someone filing for divorce in Maryland to enlist the services of a lawyer. So, if you’re preparing for divorce, you can represent yourself.

However, just because you’re not legally required to have a divorce lawyer doesn’t mean you shouldn’t hire one. As you’ve learned in this guide, many steps go into the dissolution of marriage, from meeting residency requirements to determining the grounds and, if applicable, creating a written settlement agreement.

A divorce can already be complex even if both parties are in mutual agreement, so it can get even more complicated if one doesn’t agree or consent to the divorce. Issues with child custody, property division, and alimony can make things even more difficult.

For those reasons, consider meeting with a divorce attorney. They can help you navigate the complexities of the divorce process in Maryland.

Are You Considering Divorce?

In this dissolution of marriage vs. divorce guide, you learned that both refer to the termination of a civil union. One primary difference is that some states, such as California, use the first term, while divorce (specifically, absolute divorce) is the legal term in Maryland.

If you’re considering filing for divorce in Maryland, we encourage you to speak with us at Blattner Family Law Group. Our award-winning attorneys are highly esteemed community members with decades of combined family law experience.

Dissolution of Marriage vs. Divorce: Key Differences Explained