Divorce

Do I Need A Specific Reason To File?

Each state has certain laws that are put into place, and it can be hard to know what makes ours different. For example, in Maryland, you are not required to file a case with the court for a “legal separation”. If you and your spouse are living in separate households, or living together but living separate lives, and are not intimate, it is considered a separation. This time can be used as grounds for filing for a divorce. Understandably, this can be confusing. We are here to explain your options thoroughly.

What Are The Grounds for Divorce in Maryland?

In order to file for divorce, one spouse must have grounds. The grounds for divorce in Maryland have recently changed. The Maryland courts are now able to grant a divorce if a couple has been “separated” for at least 6 months, as opposed to 12 months, or if a couple has cited “irreconcilable differences” as the reason to end their marriage. It’s also possible to get a mutual consent divorce, also known as “no fault”. In order to obtain a mutual consent divorce, each party must agree in writing on all of the issues surrounding the divorce, such as property division, alimony, custody, visitation and child support. Then the divorce can be granted without a specific period of separation or irreconcilable differences. This often speeds things up and can be more cost-effective. Regardless of your situation, we will discuss all of the possible avenues and determine what will work best for you.

Adultery: If one spouse engages in a sexual relationship with someone outside the marriage, this constitutes adultery. It is a fault-based ground that does not require a waiting period.

Desertion: When one spouse abandons the other without a justifiable reason, desertion can be claimed. This can be actual (physical abandonment) or constructive (forcing the other spouse to leave due to intolerable conditions). It must continue for at least 12 months.

Conviction of a Crime: If a spouse is convicted of a crime and sentenced to at least three years in prison, and has served 12 months of that sentence, this can be grounds for divorce.

Insanity: If a spouse has been confined to a mental institution for at least three years and it is confirmed that the insanity is incurable, divorce can be sought on these grounds.

Cruelty of Treatment: Any form of physical or emotional abuse that endangers the life, health, or well-being of the other spouse or their minor children is considered cruelty.

Excessively Vicious Conduct: This ground is similar to cruelty but involves more severe and ongoing harmful behavior.

Separation: If the spouses have lived apart without cohabitation for 12 months, a divorce can be granted on this no-fault basis.

Mutual Consent: A no-fault ground where both parties agree to the divorce and have a written settlement agreement covering alimony, property division, and child custody.

What Specific Laws Regarding Divorce in Maryland are Important to Know?

Navigating the legal landscape of divorce in Maryland requires familiarity with several critical laws:

Residency Requirements: To file for divorce in Maryland, at least one spouse must have been a resident for at least six months before filing.

Property Division: Maryland follows equitable distribution laws, meaning marital property is divided fairly, though not necessarily equally. Factors considered include the length of the marriage, the financial and non-financial contributions of each spouse, and their economic circumstances.

Alimony: The court may award alimony based on several factors, including the duration of the marriage, the standard of living during the marriage, and the needs and financial resources of each spouse.

Child Custody and Support: Maryland courts prioritize the best interests of the child when determining custody arrangements. Child support is calculated using guidelines that consider the parents' incomes, the number of children, and the time each parent spends with the children.

Grounds for Divorce: As discussed, knowing the specific grounds for divorce is essential. Maryland recognizes both fault-based and no-fault grounds.

Filing Process: Divorce proceedings typically begin with filing a complaint for divorce, followed by serving the other spouse, who then has a chance to respond. The process includes discovery, negotiations, and possibly a trial if an agreement cannot be reached.

What is the Difference in Limited and Absolute Divorce in Maryland?

In Maryland, there are two types of divorce: limited and absolute. A limited divorce is essentially a legal separation where the couple remains legally married but lives apart and can obtain court orders regarding issues like child custody, support, and property use. This type of divorce is often pursued when spouses need immediate relief but do not yet meet the grounds for an absolute divorce.

An absolute divorce, on the other hand, legally ends the marriage and resolves all issues, including property division, alimony, child custody, and support. It is a final and complete dissolution of the marital relationship, allowing both parties to remarry if they choose.

Contested vs. Uncontested Divorce in Maryland

In Maryland, the distinction between contested and uncontested divorce hinges on whether the spouses agree on the terms of their separation. An uncontested divorce occurs when both parties agree on all key issues such as alimony, child custody and support, and property division. This type of divorce is generally quicker, less expensive, and less stressful, as it avoids prolonged litigation and court appearances.

A contested divorce, however, arises when the spouses cannot agree on one or more of these issues. This disagreement necessitates a trial where a judge will make decisions on the disputed matters. Contested divorces are often more complex, time-consuming, and costly due to the need for legal representation, court fees, and the emotional toll of prolonged conflict.

For Answers To Your Questions, Call Today

For all family-related legal matters, you need a lawyer you can trust. Start this new chapter of your life on a positive note. Don’t wait any longer to gather the information you need. Call our office in Columbia at 443-583-5260 to schedule a free consultation today. You can also fill out our contact form online. We work with clients throughout Howard, Baltimore, Carroll, Frederick and Montgomery Counties and Baltimore City.