subject: Maryland Divorce And Separation [print this page] Maryland is a U.SMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east. Maryland has some very strict and complex laws especially for divorce & separation, medical malpractice, personal injury, auto accident, etc. There are several codes and regulations for Marylands Laws. Here we will discuss in detail about Maryland Divorce Law.
Divorce is always a painful process and couple should try to avoid it as much as possible. However, if any couple files for divorce in Maryland, it could be either contested or uncontested. If the divorce is contested, adversarial proof is required to be presented before the court. However, if it is uncontested, it has to be on a mutual and voluntary basis for separation of one year.
Uncontested Divorce:
For an uncontested divorce, couples must have a written Separation Agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage (if any) and makes a fair and equitable division of the property. There are other technical requirements as well, but the Separation Agreement is the essence of an
uncontested divorce.
Contested Divorce:
A contested divorce is a case where the parties cannot agree on one or more points (property division, alimony, custody, child support, or attorney's fees). Even when parties have lived separate and apart for one year, and wish to be divorced, but cannot agree to the terms of financial settlement or custody, it is still a contested divorce.
A permanent and final divorce is called an "absolute divorce" in Maryland.
Grounds for Divorce
If the couples want to have divorce, they need to produce strong ground for the same. If a couple is filing for divorce, they need to have their grounds before they file. If the spouse who files the divorce fails to prove his ground, he or she is entitled to bear the legal expenses of the other spouse as well. Therefore, the couple needs to be ready before filling the divorce.
One important point to remember about Maryland Divorce Law is that, in Maryland you cannot be living separate and apart under the same roof. Therefore, you should abstain from doing or committing anything which makes you an offender in the eyes of the law.
The grounds for an "absolute" or final divorce in Maryland are as follows:
One Year's Mutual and Voluntary Separation. Living separate and apart for one year without interruption.
Two Year's Involuntary Separation. Living separately and apart for two years without interruption.
Adultery.
Desertion. For one full year without legal cause, actual or constructive (you are forced to leave by the behavior of your spouse).
Conviction of a Felony or Misdemeanor. Requires incarceration for one year under a sentence of three or more years.
Insanity. Confined to a mental institution for at least three years.
Cruelty.
Excessively Vicious Conduct.
Although, if couples are facing some personal issues and want to resolve it without referring to law, then they should contact some good Maryland divorce lawyers for reliable consultancy. It is always advisable to try resolving the personal differences instead of filling for divorce straightforward.
