Divorce in Maryland

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

Maryland requires that either you or your spouse have resided in the state of Maryland for one year before you file your divorce forms if the grounds for divorce occurred outside of the state. If the grounds occurred within the state of Maryland, at least one spouse must be a resident of Maryland. The residency requirement is two years if insanity is the grounds for divorce. The legal divorce process begins when one spouse files a complaint in the county where either spouse lives.

You may get a limited or an absolute divorce in Maryland. A limited divorce is not permanent. It does not permit remarriage nor does it terminate property claims. The limited divorce legalizes the separation and provides for support. An absolute divorce is permanent. It terminates the marriage and property claims. You are not required to get a limited divorce before getting an absolute divorce.

The State of Maryland requires you to give it an acceptable reason why you and your spouse should break up. A limited divorce may be granted on the following grounds:

Cruelty of treatment of spouse or minor child
Excessively vicious conduct
Desertion
Voluntary separation

An absolute divorce may be granted on the following grounds:

Adultery
Desertion
Voluntary separation
Criminal conviction of a felony or misdemeanor
Two year separation
Insanity

Under each ground for an absolute divorce, there is a provision for when you can bring the lawsuit against your spouse to court. Before filing for divorce, you will want to be sure that all the requirements for the type of divorce you are seeking have been met. If you are not certain, a divorce attorney can help you determine if the requirements have been met.

Dividing the Property

In Maryland, assets and debts acquired during your marriage - called "marital property" - will be divided "equitably" when you divorce. Marital property is all property acquired by either or both spouses during their marriage.

Marital property does not include the following:

Property acquired prior to the marriage
Property acquired by inheritance or gift from a third party
Property excluded by valid agreement
Property traceable to any of the above sources

The court does not have the power to change the title to property, except for pensions and retirement funds, so it may adjust the rights of the spouses by giving a monetary award.

In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

Contributions of each spouse
Economic circumstances
Duration of the marriage

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Maryland divorce lawyer can save you a lot of time and money.

Alimony

Alimony is payment for support of a spouse that may be claimed by either spouse from the other spouse. A spouse that is guilty of some ground for divorce is not prevented from seeking an award of alimony from the other spouse. Courts consider many factors in order to determine the award and amount of alimony, including:

Financial needs and resources of the spouses
Income and assets of the spouses
Financial obligations
Standard of living
Facts and circumstances leading to separation

An agreement by the spouses as to alimony that is in writing will determine the payment of alimony unless it was obtained by fraud or under duress.

Child Custody and Visitation

In Maryland, the court will make child custody decisions based upon what is in the best interests of the children. If physical custody is awarded to one parent, visitation rights will probably be granted to the other parent. Legal custody, which is the decision making power regarding the child, may be awarded to either parent separately or to the parents jointly. The court may award either sole or shared custody if it is in the best interest of the child.

In making a custody decision, the court will consider several factors:

Fitness of parents
Character and reputation of parents
Desire of natural parents and any agreements between them
Potential for maintaining natural family relations
Preference of the child, when child is of sufficient age and capacity to form a rational judgment
Material opportunities affecting future life of child
Age, health and sex of child
Residences of the parents and opportunity for visitation
Length of separation of the parents
Whether prior voluntary abandonment or surrender of custody of child

After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If one parent wants to have the custody order changed, that parent must show that there has been a substantial change in circumstances and that it is in the child's best interest to make the proposed change. A child that is at least 16 years old may seek a change in custody but must show that the change is in his or her best interest.

Child Support

In Maryland, each parent is responsible for the support of minor children. The court uses child support guidelines to determine the amount of child support. The awards are based mainly on the gross incomes of the parents, but each case is looked at individually.

There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if appropriate. In determining whether the amount needs adjusting, courts may consider:

Terms of any marital settlement agreement between the parents
Presence in the household of either parent of other children that parent has a duty to support

The family home may be awarded to the parent that has custody of a child to enable the child to continue to live in a familiar environment.

The parents may reach an agreement on child support and as long as it is in writing and was not obtained by fraud or under duress that agreement will govern the payment of child support.

A Maryland child support order can be modified if there is a good reason to make the change. The spouse requesting the change must submit a formal motion to the court and show that the facts that existed when the last order was entered have changed.

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