subject: Some Important Facts About Maryland Divorce [print this page] Maryland, like other states, has some complex and strict laws regarding divorce and separation. If you are going through a divorce scenario in Maryland, it is important that you know some key information about the same. Below are listed some of the most important facts everyone getting a divorce in the state of Maryland should know.
The facts listed here are only for your reference and a selected few of the more comprehensive set of Maryland Divorce Laws. It should be remembered that every state has different set of laws and if you're not sure about a specific situation related law in your state, you should ask a qualified super lawyer or any Maryland Divorce Professional.
The important facts to remember are:
A couple married or living in Maryland for at least one year can file for divorce. It could be two years depending on the grounds of divorce specified.
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). If you want the Maryland Court to grant a divorce based upon any of these grounds, you must produce evidence and testimony to support your ground, in the court.
The court decides the amount and duration of alimony or spousal support on a case-by-case basis. Based on what the Court considers a fair and equitable award for both parties, alimony is finalized.
If a child from marriage is also involved, then under Maryland law, child support is determined as per 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 ensures equitable distribution of property in a divorce case. 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. It 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.
