When spouses seek a final divorce in Maryland, there are several reasons (grounds) upon which the court can grant a divorce:

1. Mutual and voluntary separation after one year.
2. Desertion: one spouse leaves the other, with the intention of not returning. The other opposes the leaving. Constructive Desertion: One spouse behaves in such a way that the other spouse is forced to leave the home in order to preserve the spouse's mental and physical health and well-being.
3. The parties have lived separate and apart without cohabitation for more than two years. (Commonly known as "no-fault").
4. Adultery. One spouse has sexual relations with someone other than his or her spouse during the marriage.
5. Conviction of a felony or misdemeanor in any state or U.S. court before the filing for divorce, and a sentence of incarceration of a spouse for more than three years of which 12 months has been served.
6. Insanity of a spouse if spouse is confined to a mental institution for at least three years before the filing for divorce.
7. Cruelty of treatment of the complaining party or of a minor child of the complaining party; excessively vicious conduct to complaining party or minor child of the complaining party (limited divorce only)

The court can grant a Final (Absolute) Divorce or a Limited Divorce.

The Court can ONLY grant a Limited Divorce when the parties have lived mutually and voluntarily separate and apart for less than one year, or on the grounds that a desertion (or constructive desertion) has occurred for less than one year.

The court can grant a final (absolute) divorce when either party can prove the grounds listed in the preceding paragraph have occurred for more than one year.

Even in cases in which there is an amicable settlement through a separation agreement, in order to be divorced, one spouse must file a law suit against the other. The spouse who files the suit, the Complaint for Divorce, is the Plaintiff, and the spouse who answers the Complaint that is filed is the Defendant. If every issue in the case has been settled, then the plaintiff is usually able to present the case on a date and time certain to a Domestic Relations Master.

If either party disagrees with the facts stated as the grounds for divorce, or other facts and claims, such as a request for custody or a division of property because the parties have not reached an agreement as to the disposition of the property they have acquired during the marriage, that spouse is "contesting" the divorce complaint before the court. Because of the large number of cases which are filed in the county courts, a request for a court hearing on a contested divorce will usually result in a hearing date that is set one year after the request for hearing is filed with the court. The cases are set in advance, and in a manner similar to the airlines taking reservations, more cases are set on a given day than can be heard by the court. There is a presumption (usually accurate) that a certain large percentage of cases that are set for hearing on any given day will settle before the hearing date. Statistically, most law suits that are filed do settle before the court actually hears the case, but often they do not settle until the last minute, or until the parties settle rather than wait for a judge who will be available to hear the case or be set over to another date because there is no judge available.

If either side is not prepared, or there are scheduling problems for some reason, then one side or the other may request a continuance of a scheduled hearing. If the other side opposes the continuance, the Court will rule on the Motion for Continuance. Usually if one side has a good reason, it is not unusual for the court to grant at least one continuance to accommodate a reasonable request for continuance, but the courts do not grant them "automatically."