If you are considering a divorce in Maryland, it is important to understand the state’s divorce laws and the divorce process. This article will provide an overview of how to get a divorce in Maryland.
Grounds for Divorce in Maryland
In Maryland, you can get a divorce for one of the following reasons:
• adultery
• desertion
• cruelty
• indignities
• separation
If you have been married for less than 10 years, you must have grounds for divorce in order to get a divorce in Maryland. If you have been married for 10 years or more, you can get a divorce without proving that you have grounds for divorce.
Residency Requirements for Divorce in Maryland
In order to get a divorce in Maryland, you must meet the residency requirements. In order to file for divorce in Maryland, you must have been a resident of the state for at least 12 months.
Filing for Divorce in Maryland
To file for divorce in Maryland, you must file a Complaint for Divorce with the Circuit Court in the county where you reside. You will also need to file a Summons with the Court. The Summons will be served on your spouse by the sheriff or a process server.
Process of Divorce in Maryland
The process of getting a divorce in Maryland will typically involve the following steps:
1. Filing for divorce
2. Serving your spouse with the Complaint and Summons
3. Negotiating a settlement with your spouse
4. Requesting a divorce hearing
5. Attending the divorce hearing
6. Finalizing the divorce
Property Division in Maryland
In Maryland, property is divided equitably between the spouses in a divorce. This means that the property will be divided fairly, but not necessarily equally, between the spouses.
Child Custody in Maryland
In Maryland, custody is determined based on the best interests of the child. The court will consider a variety of factors when making a custody determination, including the child’s age, the child’s wishes, the parents’ ability to care for the child, and the parents’ lifestyle.
child support in Maryland
In Maryland, child support is determined based on the parents’ incomes and the number of children they have. The amount of child support will be determined by the Maryland Child Support Guidelines.
Overview of Divorce Laws in Maryland
Maryland is a no-fault divorce state, which means that you can get a divorce without proving that your spouse did something wrong. To get a divorce in Maryland, you must meet one of the following requirements:
You have been separated from your spouse for at least 12 months.
Your spouse has committed adultery.
Your spouse has physically or emotionally abused you.
Your spouse has abandoned you.
Your spouse has been convicted of a felony and is serving a prison sentence.
To begin the divorce process in Maryland, you must file a Complaint for Divorce with the Circuit Court in the county where you reside. The Complaint for Divorce must include the following information:
Your name and address
The name and address of your spouse
The date of your marriage
The date of your separation
The grounds for divorce
A request for alimony, child support, and child custody/visitation
Once the Complaint for Divorce is filed, the court will send your spouse a copy of the complaint and a summons. Your spouse will then have 30 days to file an answer to the complaint. If your spouse fails to file an answer, the court will grant you a default divorce.
If your spouse files an answer, the court will schedule a hearing to decide the issues of alimony, child support, child custody, and visitation. You and your spouse will be required to attend the hearing and to present evidence to support your position on each of these issues. The court will then issue a final divorce decree based on the evidence presented at the hearing.
Residency Requirements for Filing for Divorce
In order to file for a divorce in Maryland, at least one of the spouses must be a resident of the state. In addition, the couple must have been married for at least 12 months.
The residency requirements can be tricky for military families. If one spouse is in the military and is stationed in Maryland, but the other spouse is not a resident of Maryland, the spouse who is not in the military can still file for divorce in Maryland.
If the couple is living in a state other than Maryland, and the military spouse is stationed in Maryland, the spouse who is not in the military can file for divorce in the state where they live.
The divorce process in Maryland can be complicated, and it is advisable to seek the advice of an attorney. The following is a brief overview of the steps involved in filing for a divorce in Maryland.
1. File a Complaint for Divorce
The first step in the process is to file a Complaint for Divorce. The complaint must be filed in the county in which one of the spouses resides. The complaint must include the grounds for the divorce, and the spouses must be served with a copy of the complaint.
2. File a Financial Statement
Both spouses must file a Financial Statement with the court. The statement includes information about the couple’s income, assets, and debts.
3. Attend a Hearing
A hearing will be scheduled where the spouses will have to appear before a judge. The judge will listen to both sides and make a decision about the divorce.
4. Get a Divorce Decree
If the judge grants the divorce, the spouses will receive a Divorce Decree from the court. The decree will state the terms of the divorce.
Grounds for Divorce in Maryland
To get a divorce in Maryland, you must have a ground for divorce. The most common grounds for divorce in Maryland are:
1. adultery
2. desertion
3. cruelty of treatment
4. separation for more than one year
Adultery
To get a divorce on the grounds of adultery, you must provide evidence that your spouse had sexual intercourse with someone else. This evidence can be in the form of witness testimony, emails, text messages, or pictures.
Desertion
To get a divorce on the grounds of desertion, you must provide evidence that your spouse left you without your consent and without any reasonable justification. This evidence can be in the form of witness testimony, emails, text messages, or pictures.
Cruelty of Treatment
To get a divorce on the grounds of cruelty of treatment, you must provide evidence that your spouse was physically or emotionally abusive towards you. This evidence can be in the form of witness testimony, emails, text messages, or pictures.
Separation for More Than One Year
To get a divorce on the grounds of separation, you must provide evidence that you and your spouse have been living separate and apart for at least one year. This evidence can be in the form of witness testimony, emails, text messages, or pictures.
Types of Divorce in Maryland
Maryland offers two types of divorce: absolute and limited. An absolute divorce dissolves the marriage and ends the rights and obligations of the spouses. A limited divorce does not dissolve the marriage, but instead ends the rights and obligations of the spouses with respect to each other. To get a limited divorce in Maryland, at least one of the spouses must live in the state.
To get a divorce in Maryland, you must meet certain residency requirements. At least one of the spouses must live in Maryland, and the grounds for divorce must occur in Maryland.
There are two grounds for divorce in Maryland: adultery and desertion. Adultery is when one of the spouses has sexual relations with someone else. Desertion is when one of the spouses leaves the other without justification and without the intention of returning.
To file for divorce in Maryland, you must file a Complaint for Divorce. The Complaint for Divorce must include the grounds for divorce, the date of the marriage, the date of the separation, the name and address of each spouse, and the name and address of each spouse’s attorney (if any).
The divorce process in Maryland generally proceeds as follows:
1. The spouses must file a Complaint for Divorce.
2. The Complaint for Divorce is served on the other spouse.
3. The other spouse must file an Answer to the Complaint for Divorce.
4. The parties must attend a divorce hearing.
5. The court will grant the divorce and issue a final divorce decree.
Absolute divorce
An absolute divorce dissolves the marriage and ends the rights and obligations of the spouses. To get an absolute divorce in Maryland, you must meet the residency requirements and the grounds for divorce must occur in Maryland.
The grounds for an absolute divorce in Maryland are adultery and desertion. Adultery is when one of the spouses has sexual relations with someone else. Desertion is when one of the spouses leaves the other without justification and without the intention of returning.
The process for obtaining an absolute divorce in Maryland generally proceeds as follows:
1. The spouses must file a Complaint for Absolute Divorce.
2. The Complaint for Absolute Divorce is served on the other spouse.
3. The other spouse must file an Answer to the Complaint for Absolute Divorce.
4. The parties must attend a divorce hearing.
5. The court will grant the divorce and issue a final divorce decree.
Limited divorce
A limited divorce does not dissolve the marriage, but instead ends the rights and obligations of the spouses with respect to each other. To get a limited divorce in Maryland, at least one of the spouses must live in the state.
To file for a limited divorce in Maryland, you must file a Complaint for Limited Divorce. The Complaint for Limited Divorce must include the grounds for divorce, the date of the marriage, the date of the separation, the name and address of each spouse, and the name and address of each spouse’s attorney (if any).
The divorce process in Maryland generally proceeds as follows:
1. The spouses must file a Complaint for Limited Divorce.
2. The Complaint for Limited Divorce is served on the other spouse.
3. The other spouse must file an Answer to the Complaint for Limited Divorce.
4. The parties must attend a divorce hearing.
5. The court will grant the limited divorce and issue a final limited divorce decree.
Property Division in Maryland Divorces
Property division in Maryland divorces is determined by the Maryland equitable distribution law. This law states that all marital property must be divided fairly between the spouses, regardless of who earned or owns it. Marital property includes all assets and debts acquired during the marriage, with a few exceptions.
In order to divide the property fairly, the court will consider a number of factors, including:
– The length of the marriage
– The contributions of each spouse to the marriage, including financial, emotional, and physical contributions
– The age and health of each spouse
– The needs of each spouse and any children of the marriage
– The amount and type of property each spouse has
– The tax consequences of dividing the property
Generally, the court will award each spouse a percentage of the marital property based on the factors listed above. For example, if the court determines that the wife contributed more to the marriage than the husband, she may be awarded a larger percentage of the marital property. If the spouses have a large disparity in their incomes, the court may award the higher-earning spouse a smaller percentage of the marital property.
The division of property can be a contentious issue in a divorce, so it is important to consult with an experienced attorney to ensure that your rights are protected.
Child Custody and Support in Maryland Divorces
Maryland is a no-fault divorce state, meaning that you can get a divorce without proving that your spouse did something wrong. You can get a divorce in Maryland if you have lived in the state for at least one year, or if your spouse lives in Maryland and you have lived in the state for at least six months.
To get a divorce in Maryland, you will need to file a Complaint for Divorce. You can get a Complaint for Divorce from your local circuit court clerk. The Complaint for Divorce will need to state that you are entitled to a divorce under Maryland law.
In Maryland, the spouse who files for divorce is called the Petitioner and the spouse who does not file for divorce is called the Respondent.
The Petitioner will need to state in the Complaint for Divorce whether they are asking for a divorce based on fault or no-fault grounds. If the Petitioner is asking for a divorce based on fault grounds, they will need to state what grounds they are using.
If the Petitioner is asking for a divorce based on no-fault grounds, they will need to state that the marriage is irretrievably broken.
The Respondent will have an opportunity to respond to the Complaint for Divorce. The Respondent can either agree to the divorce or they can file an Answer to the Complaint for Divorce. If the Respondent does not file an Answer to the Complaint for Divorce, they will be considered to have agreed to the divorce.
If the parties are unable to agree on the terms of the divorce, the case will go to trial. At trial, a judge will decide the terms of the divorce.
In Maryland, the parties are responsible for their own legal fees. However, in some cases, the court may order one party to pay the legal fees of the other party.
Child Custody and Support in Maryland Divorces
When a couple divorces in Maryland, the court will issue a custody order determining which parent will have custody of the children. In most cases, the court will award joint custody to both parents. However, the court can award sole custody to one parent if it is in the best interests of the children.
The court will also issue a child support order in Maryland divorces. The amount of child support that the parents will be responsible for will be based on the Maryland Child Support Guidelines. The guidelines take into account the income of both parents, the number of children, and other factors.
If either party does not comply with the custody or child support order, they can be held in contempt of court.
Process for Filing for Divorce in Maryland
Maryland residents who are considering filing for divorce can find the process relatively straightforward. The following provides an overview of the steps involved in filing for divorce in Maryland.
1. Residency requirements
In order to file for divorce in Maryland, at least one of the spouses must be a Maryland resident.
2. Grounds for divorce
Maryland allows for no-fault divorces, meaning that either spouse can file for divorce without having to provide a specific reason.
3. Filing for divorce
In order to file for divorce in Maryland, the spouse seeking divorce must file a Complaint for Divorce in the Circuit Court in the county where they reside. The Complaint must include the grounds for divorce, as well as the names and addresses of both spouses.
4. Service of process
Once the Complaint has been filed, the spouse seeking divorce must have the Complaint served on the other spouse. This can be done by hiring a process server or by asking the Court to serve the other spouse.
5. Temporary orders
In some cases, it may be necessary to request temporary orders from the Court while the divorce is pending. These orders could include issues such as child custody, child support, and spousal support.
6. The divorce process
Once the Complaint has been served and the other spouse has had an opportunity to respond, the divorce process will move forward. This will involve filing various pleadings and motions with the Court, and may also involve a trial.
7. Final orders
Once the divorce process is complete, the Court will issue final orders resolving all of the issues that were raised in the divorce.
Alternatives to Divorce in Maryland
When a couple decides that they would like to get a divorce in Maryland, they have a few different options to choose from. One option is to go through a traditional divorce proceeding, where both parties will have to attend court hearings and will be represented by attorneys. Another option is to use a mediation process to try to resolve the issues in the divorce outside of court. If the couple is unable to resolve their issues through mediation, they may choose to go through a collaborative divorce, where both parties work together with attorneys to resolve the issues. If the couple is still unable to resolve their issues, they may choose to go through a traditional divorce proceeding.
