Basic Divorce Laws in Maryland
Divorce is the legal term for the dissolution of marriage. Divorce laws will vary between states this is why it is important to know divorce laws in the state of Maryland. Obtaining a divorce can often be a complicated and emotional process, so it is vital to understand Maryland’s divorce laws.
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Grounds for Filing
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When filing for divorce, the filling party must state a reasons upon which they are seeking a divorce. Maryland is not a “no fault” state, which means one must have grounds for divorce. These grounds include desertion, voluntary separation over 12 months, adultery, conviction of felony with a sentence of at least 3 years, insanity, cruelty or domestic violence against petitioner or children and vicious conduct.
Property Distribution
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Maryland is an equitable distribution state. One misconception is equitable means equal, but equitable means what is fair. While the courts will encourage both parties to the divorce to try and reach a settlement together, this often does not happen. When property distribution is not settled between the parties, the court will declare what is equitable.
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Legal Separations
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In the state of Maryland legal separations are known as limited divorce. A limited divorce has different grounds for a divorce then an absolute (final) divorce, which are voluntary separation, cruelty, vicious conduct and desertion. The parties may decide on a limited divorce when there are other needs such as remaining on the health insurance of one of the parties to the limited divorce or tax benefits.
Jurisdiction Before Filling
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To file for divorce in Maryland, residency requirements must be met. If the grounds for divorce happened outside of the state of Maryland one must be a resident for 1 year before filling for divorce. In the case of insanity one must be a resident for 2 years prior to filling. To file for a divorce in which the grounds for divorced happened in the state, you will still need to be a resident for 1 year prior to filing.
Defense to Divorce
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There are two defenses that can be used to a divorce petition. This includes condonation, in which the spouse forgives the spouse of wrongdoing. Condonation is commonly seen between the parties who have reconciled after the wrongdoing. Insanity can also be used as a defense against divorce proceedings.
Spousal Support
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Spousal support is done on a case-by-case basis and not always granted. A person's obligation to spousal support will be determined by the courts after certain factors have been considered. The factors of obtaining spousal support will depend on the ability of the petitioning spouse to support themselves, time needed to obtain adequate education to find suitable employment, the standard of living one has come accustomed to during the marriage, contributions to the well-being of the family, circumstances contributing to the estrangement, physical, mental and age of parties, agreements between the parties and financial needs.
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