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How to File for Divorce in Maryland
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Laws current as of. What are the residency requirements for divorce in Maryland? What types of divorce are available in Maryland? What are the grounds for an absolute divorce in Maryland? Can I get an absolute divorce if my spouse agrees to the divorce? What are the grounds for a limited divorce in Maryland?
Can I get alimony? What are the basic steps for filing for divorce? Where can I find additional information about divorce laws in Maryland? Yes No.
The judge may award you an absolute divorce if, before you file for divorce, your spouse: cheats on you adultery ; deserts you for 12 months without interruption. The desertion must be deliberate intentional and final with no expectation of reconciliation getting back together ; is convicted of a felony or misdemeanor in any state or U.
The judge must hear two doctors testify that the insanity is incurable, and there is no hope of recovery. Also, either you or your spouse must have been a resident of Maryland for at least two years before filing for divorce based on insanity.
How to File For Maryland Divorce
The judge can grant you an absolute divorce based on mutual consent if you and your spouse: both agree that you want a divorce; sign a written settlement agreement where you agree on all issues relating to: alimony spousal support ; the division of your property; custody and visitation access ; and child support. Note: If child support will be paid, you must also attach a completed child support guidelines worksheet; do not file any paperwork to set aside the settlement agreement before the hearing; and both go to court for your hearing for an absolute divorce. While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file.
Third, you must file divorce papers and have copies sent to your spouse. Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side.
You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce. Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings.
When You Can Date After a Separation in Maryland | Jimeno & Gray, P.A.
Custody may also be decided as part of your divorce. Did you find this information helpful? A series of posts about some common divorce law misconceptions that I have encountered over my years of family law practice, in no particular order. These posts are intended to provide general information about Maryland law. That is the only way to get advice and guidance that is tailored to your situation.
False Belief No.
Equitable Distribution Factors
For a long time, Maryland courts have ruled that a married person cannot enter into an agreement to give up a right to file divorce on grounds of adultery — basically, a spouse cannot be required to sit idly by while the other spouse cheats. So, even if you and your spouse split amicably, and even if you have a written property, support, and custody agreement, there can be no agreement not to file divorce for adultery. An absolute divorce terminates a marriage, resolving all matters between the couple, and leaving each former spouse free to remarry.
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What difference would adultery make in a divorce proceeding where the parties have already decided to separate? First, in Maryland, adultery is a grounds for absolute divorce, and one that does not require any waiting period before an absolute divorce case can be filed. While some grounds require a specified period of separation of up to one year before a divorce can be granted or have other hoops that the parties must jump through, there is no separation period required for divorce based on adultery.
You know what that means, right? That pursuing a claim for adultery — in theory at least, setting aside the slowness of some court dockets — allows a spouse to get divorced more quickly than would occur using other grounds.
Maryland Divorce Laws
Even though a spouse cannot consent to adultery, it is possible to lose the right to bring a claim for adultery. In effect, the spouse has forgiven past adultery and so loses the right to seek a divorce on those grounds. Condonation of past adultery does not give carte blanche for future adultery, however.
Next, adultery is also one of the many factors that can be considered when a judge must decide claims for alimony or marital award. Whether adultery might be significant in the financial aspects of divorce, however, usually depends upon whether it was a cause for the breakup of the marriage.
Of course, when a new relationship begins hot on the heels of a breakup, it may appear that the relationship came first, and thus caused the split. So, even when a relationship is genuinely one that commenced post-separation, that contention may be met with skepticism, depending on the timing of the new relationship. Examples of some other factors are: the ages and health of the parties; the abilities of each party to earn; the financial contribution of each party to the marriage; and the length of the marriage.
I think that it is fair to say that — as divorce law has modernized — most practitioners do not consider adultery to be a trump card that will benefit the innocent spouse over basic financial considerations, even when adultery was undeniably the cause for the divorce. In other words, the fact that a spouse cheated does not necessarily mean that the innocent spouse will end up in a better position financially than would have occurred without the adultery.
There are, of course, other ways in which behavior that relates to adultery might be relevant to these financial issues.