In Montgomery County, Maryland, a fault based divorce under Md. Code, Family Law Art. § 7-103 allows you to seek dissolution based on grounds such as adultery, cruelty, or desertion. Law Offices Of SRIS, P.C. has 21 documented case results in Montgomery County. The Circuit Court divorce filing fee is $165.
Fault Based Divorce Lawyer in Montgomery County, Maryland
Under Maryland law, a fault based divorce is governed by Md. Code, Family Law Art. § 7-103. This statute provides specific grounds for absolute divorce, including adultery, cruelty of treatment, excessively vicious conduct, desertion for 12 months, and voluntary separation for 6 months (if both parties consent). Unlike mutual consent divorce, fault based divorce does not require a separation period for certain grounds like adultery. The Circuit Court for Montgomery County (Family Division) at 191 East Jefferson Street, Rockville, MD 20850 handles all fault based divorce filings. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | Circuit Court for Montgomery County (Family Division) | Maryland General Assembly — official site
For the full text of Maryland’s divorce laws, see Md. Code, Family Law Art. § 7-103 (Maryland General Assembly — official site). For court procedures in Montgomery County, visit District Court of MD for Montgomery County (Maryland Courts — official site).
In the Circuit Court for Montgomery County, prosecutors and family law commissioners routinely scrutinize fault based divorce claims for evidentiary sufficiency. We have observed that adultery claims require direct or circumstantial proof of both opportunity and inclination — mere suspicion is insufficient.
- Consult with a Fault Based Divorce Lawyer Montgomery County to evaluate your grounds.
- Gather evidence supporting fault grounds (e.g., text messages, financial records, witness statements).
- File the Complaint for Absolute Divorce at the Circuit Court for Montgomery County.
- Serve the defendant and attend pendente lite hearings for temporary orders.
- Participate in mediation and the mandatory parenting seminar if minor children are involved.
- Attend the final divorce hearing to obtain the Judgment of Absolute Divorce.
In Montgomery County, Maryland, a fault based divorce carries no criminal penalties but involves significant financial and custodial consequences determined by the Circuit Court under Md. Code, Family Law Art. § 7-103.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Adultery | Fault Ground for Divorce | None | None | None | May affect alimony (bar to spousal support if adultery caused separation) |
| Cruelty of Treatment | Fault Ground for Divorce | None | None | None | May impact custody and equitable distribution |
| Desertion (12 months) | Fault Ground for Divorce | None | None | None | May affect property division and alimony |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has handled numerous family law matters in Montgomery County, including fault based divorce, custody, and equitable distribution. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 21 documented results in Montgomery County across all practice areas: 4 dismissed or not guilty, 12 reduced or amended, and 5 other favorable — a favorable-outcome rate of 95%. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Rockville is approximately 2 miles from the Circuit Court for Montgomery County (Family Division) at 191 East Jefferson Street, with access via I-270 and Route 355 (Rockville Pike). As a Fault Based Divorce Lawyer near Montgomery County, we serve the communities of Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Maryland
199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions About Fault Based Divorce in Montgomery County
Does Maryland require separation before divorce?
Not always. Maryland allows mutual consent divorce with NO separation period — both parties agree and either have no minor children or have a written agreement. For absolute divorce without consent, 6-month separation is required. Filed at Montgomery County Circuit Court. Circuit Court divorce filing fee: $165; service of process by sheriff ($40) or private process server ($50-$100); certified copies: $20 each; parenting seminar fee: approximately $50-$100; mediation: $100-$350/hour; custody evaluation: $3,000-$10,000+. 21 total documented case results across all practice areas (95% favorable outcome rate).
How much does a divorce cost in Montgomery County, Maryland?
Uncontested divorce in Maryland involves filing fees at Circuit Court for Montgomery County (Family Division) plus attorney fees — typically a flat fee or limited hourly. Contested divorce scales with complexity: custody evaluations, property appraisals, pension analysis, and trial preparation all affect fees. High-asset cases involving business valuation, stock options, or international assets require substantial retainers. Law Offices Of SRIS, P.C. discusses fee structure at initial consultation — (888) 437-7747, by appointment only.
How is child support calculated in Montgomery County, Maryland?
Maryland child support uses guidelines based on combined adjusted income of both parents (Family Law Art. § 12-202). The formula considers number of children, health insurance, childcare, and parenting time. Cases heard at District Court of MD for Montgomery County (191 East Jefferson Street, Rockville, MD 20850). 21 total documented case results across all practice areas (95% favorable outcome rate).
How does custody work in Montgomery County, Maryland?
Maryland uses the experienced interests standard with factors including fitness, character, stability, and child’s preference. There is no presumption for either parent. Cases heard at District Court of MD for Montgomery County (191 East Jefferson Street, Rockville, MD 20850). Mediation often ordered for custody disputes. Mandatory parenting seminar for cases involving children. 21 total documented case results across all practice areas (95% favorable outcome rate).
What are the fault grounds for divorce in Maryland?
Under Md. Code, Family Law Art. § 7-103, fault grounds include adultery, cruelty of treatment, excessively vicious conduct, desertion for 12 months, and voluntary separation for 6 months. An at-fault divorce lawyer Montgomery County can help you prove these grounds in court.
How does a fault based divorce affect alimony in Maryland?
Adultery is a bar to alimony if the adultery caused the separation. Other fault grounds may influence the court’s decision on alimony under Md. Code, Family Law Art. § 8-205. A fault grounds for divorce lawyer Montgomery County can advise on how fault impacts financial awards.
Related Pages:
- Maryland Divorce & Family Law Hub
- Prince George’s County Divorce Lawyer
- Howard County Divorce Lawyer
- Anne Arundel County Divorce Lawyer
- Frederick County Divorce Lawyer
- Baltimore County Divorce Lawyer
- Montgomery County Criminal Defense Lawyer
- Montgomery County DUI/DWI Lawyer
- Montgomery County Personal Injury Lawyer
- Montgomery County Reckless Driving Lawyer
- Attorney Profile: Mr. Sris
- Our Maryland Office Location
Last verified: April 2026 | Page generated: 2026-04-28