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What Are Some Basic Maryland Divorce Facts? 

A couple married or living in Maryland for at least one year, or two years depending on the grounds of divorce specified, can file for divorce.

Maryland Family Law recognizes eight different grounds for divorce. Adultery, desertion (for at least 12 months), voluntary separation (for at least 12 months), imprisonment (with a sentence of at least three years and at least 12 months already served), living separate and apart (for at least two years), hospitalization of one spouse for insanity (for at least three years), cruel treatment toward the other spouse or a minor child (with no reasonable expectation of reconciliation) or excessive vicious conduct toward the other spouse or a minor child (with no reasonable expectation of reconciliation). For the court to grant a divorce based upon any of these grounds, they must be proved in court through evidence and testimony.

Alimony is awarded on a case-by-case basis. The court decides the amount and duration of spousal support, based on what it considers a fair and equitable award for both parties.

Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.

Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.

Source: Divorcefacts.com

What Are the Separation Laws in Maryland?

Maryland provides for a limited divorce, which provides spouses with the same legal rights and protections as a legal separation. In a limited divorce, the spouses are still legally married, but petition the court for decisions regarding property settlements, alimony, child support and custody.

Legal separation provides married couples with an alternative to divorce when they are not ready to end the marriage or are opposed to divorce for moral, religious or financial reasons. In addition, a legal separation leaves the door open for reconciliation, should both parties agree.

Before a legal separation is granted by the courts, the partners may be required to make an attempt at reconciliation per the court's recommendation.

In Maryland, a legal separation is not required in order to be considered separated, but filing produces a legal document that can be referenced in court should the couple decide to proceed with a divorce.

A legal separation by definition is a court order that allows a married couple to live apart with the same rights and obligations of a divorced couple.

A legal separation does not protect a spouse from abuse, so a restraining order may be required, which is a totally separate process.

Source: Quora.com

What Is The Divorce Process In Maryland?

 

To begin the divorce, the plaintiff completes a complaint for Absolute Divorce form and the Civil Domestic Case Information Report.

The plaintiff files these papers in the Circuit Court of his or her county of residence. Maryland has eight circuit courts, with each court covering one or more counties. The state judicial branch website also has links to all of the circuit court websites. At the time of filing, the plaintiff must either pay a filing fee to the court or request a fee waiver.

Once the complaint has been filed with the clerk of court, the court clerk issues a Writ of Summons along with a copy of the complaint. The complaint and the summons must then be served on the defendant spouse.

Service of process means that the defendant receives copies of the divorce paperwork so he or she has notice that the divorce has been filed in the courts. Under Maryland law, the defendant may be served by receiving a copy of the complaint and the writ of summons in a number of different ways.

Once service is completed, the plaintiff should receive proof of service from the server, be it the sheriff, a private process server, a third party or the U.S. Postal Service’s receipt. This proof, which is in the form of an affidavit, shows that the defendant was properly served.

Both spouses complete financial statements, which include information about each party’s individual assets, liabilities, income and expenses as well as any joint property and debts.

If either side requests child support, the court relies on the information in these statements to make an order. Therefore it is very important that the financial information be as accurate as possible.

In a contested action, the defendant must file an Answer to the divorce complaint, which allows him or her to admit or deny the statements contained in the divorce complaint.

If the defendant lives in Maryland, he or she has 30 days to file an answer, an out-of-state defendant has 60 days, and a defendant who is out of the country has up to 90 days to file an answer.

The defendant may also file a Counter Complaint for Absolute Divorce. Unlike the answer, the counter complaint allows the defendant to state grounds different than what the plaintiff wrote in the initial complaint. The answer and/or counter complaint may be mailed to the plaintiff; no formal service is required.

The answer depends on the jurisdiction, and whether the spouses are in agreement. An uncontested divorce can be completed in as little as thirty days, and a fully litigated case can take more than a year. Similarly, mediation may take several sessions, over months or years depending on the complexity of the case and how much the spouses’ positions vary.

Source: Divorcefacts.com