Divorce Laws in Maryland

Understanding Maryland Divorce Laws and Attorneys

If you’re considering filing for divorce in Maryland, you’ll want to understand the state’s divorce laws and how to find the best attorney to guide you through the process. Maryland enjoys a relatively low divorce rate of 3.0% per 1,000 of population, making it the fifth lowest in the country. So, while divorce is not the norm in Maryland, if you’ve come to the conclusion that it’s the best option for your situation, here are the facts you need to know.

Annulment vs Divorce in Maryland

In Maryland, annulment is divided into two types: void ab initio and voidable. Annulment is rarely sought in Maryland, however, as the preference is for a divorce, which you will need the advice of an experienced divorce attorney or divorce lawyer to pursue.

Divorce Grounds in Maryland

In order to file for divorce in Maryland, you must meet one of the following criteria:

• One Year’s Mutual and Voluntary Separation: Living separate and apart from your spouse for one year without interruption.
• Desertion: Withdrawing support or help despite allegiance or responsibility.
• Insanity: Confining one of the spouses to a mental institution for treatment of a mental disorder for at least three years.
• Adultery: Wilfully and maliciously engaging in sexual relations outside of marriage.
• Conviction of a Misdemeanor: Imprisonment of one of the spouses for one year under a sentence of three or more years.

For a more detailed understanding of divorce grounds in Maryland, contact a professional divorce attorney or divorce lawyer.

Maryland Divorce Laws

Getting a divorce can be an overwhelming and difficult process, so it’s important to understand the laws that apply in your state. Maryland has its own unique set of divorce laws that you’ll need to know before filing. Here’s an overview of what you should know about Maryland divorce laws.

Residency Requirement

The first thing to know about Maryland divorce laws is that you’ll need to meet the state’s residency requirement in order to file. If the grounds for your divorce took place outside of the state, then you’ll need to be a resident for one year before filing. However, if either spouse lives in Maryland, then you can file in the county in which either of you reside. In the case of filing for divorce under the insanity ground for divorce, the residency requirement is two years.

Required Documents

You’ll also need to be aware of the documents you’ll need to file in accordance with Maryland divorce laws. The essential documents include a Bill for Divorce and a Decree of Divorce. Other documents that are typically filed during the process are a Civil – Domestic Case Information Report, a Certificate of Service (for Complaint), a Marital Settlement Agreement, a Financial Statement (Plaintiff), an Answer to Complaint and a Request for Hearing.

Distribution of Property

When it comes to division of property and debt, the court will allow the spouses to come to an agreement that they both find satisfactory. However, if the spouses are unable to reach an agreement, the court will make the decision itself, taking into account the circumstances that led to the filing of the divorce petition and the prospects of reconciliation. The court may transfer ownership of a pension, retirement, profit sharing or deferred compensation plan, as well as family use personal property, subject to the consent of any lien holders.

Change of Name or Restoration of Name

In accordance with Maryland divorce laws, the court may grant a change of name to either the name given at birth or any other name.

Mediation Counseling

If one spouse denies under oath the charge of irretrievable breakdown of marriage, the court will consider the circumstances that led to the filing of the petition and the prospect of reconciliation. The court may then provide an arbitrator to settle the matter.

Alimony

The court may award alimony for an indefinite period if it finds that the spouse is seeking alimony due to age, illness, infirmity or disability.

Child Custody and Support

The court will award child custody to either or both parents based on what it believes to be in the best interest of the child. The factors the court considers may include, but are not limited to, the age and health of the child, the roles the parents played, and the child’s wishes. Maryland child support guidelines are based on the Income Shares Model.

If you need more detailed information on Maryland divorce laws, it’s best to contact a professional divorce attorney or divorce lawyer.

Maryland Annulment Laws

If you’re considering annulment, you may have questions about the legal grounds in the state of Maryland. Annulment is the court’s declaration that the marriage was never valid or the marriage is void. Let’s take a closer look at the Maryland annulment laws that can help you make the decision that’s right for you.

Consanguinity

Consanguinity means that two people are related by blood. According to Maryland annulment laws, it’s not legal for a person to marry a parent, child, stepchild, grandparent, grandchild, aunt, nephew, uncle, or niece. If you choose to pursue an annulment based on this ground, you may be successful.

Bigamy

Maryland annulment laws also recognize bigamy as a valid ground for annulment. Bigamy is when a person already married enters into a marriage with someone else. Annulment can be sought in this situation.

Impotency

Impotency in a partner can also be grounds for annulment in Maryland. However, to be successful in using this ground, you must be able to prove that the respondent is unable to meet your physical and sexual needs.

Mental Disability

If your spouse has some kind of mental disability, whether temporary or permanent, you may be able to seek annulment under Maryland annulment laws.

Duress

If you were forced into a marriage, annulment is a legal option in Maryland. If you believe this applies to your situation, it may be worth exploring further.

Maryland Divorce Laws Frequently Asked Questions

Divorce can be a difficult and emotionally-draining process. To help you understand the intricacies of Maryland divorce laws, here are some of the most frequently asked questions that we hear from our clients.

How long will it take to get a Maryland divorce?

Due to the lengthy list of cases and a one-year mandatory separation period, a Maryland divorce can take some time to process. So don’t expect your divorce to be finalized overnight.

Is adultery possible in same-sex relationships?

Surprisingly, the answer is no. According to Maryland divorce laws, adultery is defined as sexual intercourse between a married person and a paramour. And since intercourse requires a male orgasm into the vagina, it is not possible in same-sex relationships.

What is the minimum residence period for filing a divorce in Maryland?

You must be a resident of the state in which you’re filing for divorce for at least six months. This also applies to Maryland divorce laws, so make sure you meet the residence requirements before you file.

Is it compulsory for both spouses to be the resident of the state in which the divorce is filed?

As long as one of the spouses fulfills the residency requirements, the divorce will still be valid in Maryland. So if your partner is not a Maryland resident, you can still file for divorce.

Is sexually transmitting any disease a divorce ground in Maryland?

Yes, if your spouse is suffering from a sexually transmitted disease (STD) and you are in danger of getting infected due to sexual contact, you can file for divorce on this ground in Maryland.

Who will have the custody of the children?

Maryland divorce laws dictate that courts will decide the child custody issue. The child’s best interests are taken into account before physical, legal, or joint custody is granted to one or both of the parents.

Is there any no-fault divorce ground in Maryland?

Yes, there are two no-fault divorce grounds in Maryland:

• Voluntary separation for one year
• Voluntary separation for two years

What should a person do in case of domestic violence?

If you are suffering from domestic violence, you should go to the state district or circuit court in Maryland and request a relief from the violence.

What is voluntary separation?

Voluntary separation is when both spouses agree to live separately without any physical or sexual contact.

Is it necessary to hire a Maryland divorce lawyer for divorce?

No, there is no restriction in Maryland that you must hire a lawyer or attorney to file for divorce. If you don’t want to hire a lawyer, you can fight for justice on your own.