Maryland law does not allow married spouses to file for a legal separation. A legal separation is an alternative to filing for a divorce for those who simply want to live separately, but not end their marriage.
In Maryland a person can obtain a limited divorce. This is Maryland’s version of legal separation. It allows spouses to live separately with arrangements for their finances, child custody and child support issues. Absolute divorce is also available In Maryland. An absolute divorce ends a marriage officially and with finality.
A couple does not have to get a limited divorce before obtaining an absolute divorce. In some circumstances, even if a couple seeks an absolute divorce, a court may grant a limited divorce because the grounds for an absolute divorce are not present.
A limited divorce is usually sought by people who do not have the grounds for an absolute divorce, but need a financial arrangement and cannot settle on an arrangement themselves.
What Paperwork Do I Need to File for Divorce?
In Maryland, one spouse must have been a resident of the state for at least 12 months prior to filing for divorce. Also, Maryland law requires that the spouses have lived apart for at least 12 months before filing for divorce. There is an exception to this rule: If one spouse can show fault on the part of the other as grounds for an absolute divorce, the divorce can be granted without the 12-month separation.
These are the following paperwork for filing a divorce in Maryland:
- The spouse who initiates the divorce must complete a “Complaint for Absolute Divorce” form or a “Complaint for Limited Divorce” and a “Civil Domestic Case Information Report;”
- The spouse then needs to file these forms in the circuit court in the county in which they live;
- After the complaint has been filed, the spouse receives a “Writ of Summons” and a copy of the complaint. The spouse must then hand deliver these two documents to the other spouse. This gives notice to the other spouse that the complaint has been filed and they must respond to it.
This is how to begin a divorce proceeding. Additional documents may be needed later in the proceedings.
What Are the Grounds for Divorce?
In Maryland, the acceptable grounds, or reasons, for divorce are set out in the Maryland law. There are two kinds of reasons for a fault divorce in Maryland, “no fault” grounds, where no misconduct is alleged, and “fault” grounds, where one spouse claims that the other engaged in some kind of misconduct.
A Maryland court may grant a limited divorce on the following grounds:
- Cruel treatment or conduct that is excessively vicious of the spouse seeking the divorce or of their minor child by the other spouse;
- Desertion;
- Separation, if the parties are living separately.
The court may decree a divorce under this section for a limited time, limited divorce, or for an indefinite time, an absolute divorce. The court that grants a limited divorce may revoke the limited divorce at any time if both spouses request it. If an absolute divorce is requested and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may grant a limited divorce.
A court may grant an absolute divorce on the following grounds:
- The spouses have lived separately for one year;
- The spouses agree to the divorce;
- A spouse has committed adultery;
- One spouse has deserted the other;
- Cruel treatment or conduct that is excessively vicious;
- Insanity;
- One spouse has been incarcerated.
Once an absolute divorce is made final by a court, both spouses are free to get married again. The decree of absolute divorce may also include court order regarding alimony, child custody and child support. It can also allow one spouse to use their former name if they have asked for that.
Is Maryland a Community Property State?
Maryland is not a community property state, but rather an equitable distribution state. In a community property state, property acquired during marriage is considered to be owned jointly by the two spouses, and it must be divided equally when they divorce.
In an equitable distribution state such as Maryland, the judge aims to make the distribution of property acquired during marriage fair. The judge takes into account each spouse’s contributions to the marriage and each spouse’s needs after the divorce.
If the spouses have an agreement, e.g. a prenuptial agreement or an agreement they reached before divorcing, the property would be distributed per this agreement. If there is no agreement, then the property would be distributed as provided by Maryland’s Marital Property Act.
What Should I Do If There are Children Involved?
In a Maryland divorce, both biological parents are considered to be the caretakers of their children. No parent is favored over the other. Under Maryland law, the courts decide the child’s custody and visitation by looking at the child’s “best interests.” Child support is determined by a formula that is specified in Maryland law.
Spouses who are divorcing should keep in mind that issues of spousal support, child custody and child support do not have to be decided by the court. As noted above, if the parents wish, they can enter into an agreement that is mutually acceptable to resolve these issues.
How Much Child Support Do I Have to Pay?
Maryland courts consider several factors in determining the amount of child support to be paid by one spouse to the other after a divorce. The two most often used methods for calculating the amount of child support are as follows:
- Income Share Method: The court refers to economic tables to estimate the total monthly cost of raising the children. The parent who does not have custody pays a percentage of the calculated cost that is based on their proportional share of the spouses’ combined income;
- Percentage Of Income Method: A set percentage of the income of the parent who does not have custody has to be paid every month to the parent who does have custody. The purpose, of course, is to contribute to the expenses of child-rearing.
An award of child support made at the time of divorce can be changed if changed circumstances justify it. The person who seeks a change must petition the court to modify a support order.
Do I Have to Pay Alimony?
If one spouse requests alimony in Maryland and qualifies to receive alimony from the other spouse, they will be awarded alimony. In Maryland, the purpose of alimony is to provide an opportunity for the spouse who receives it to become self-supporting. So, alimony in Maryland is usually awarded for a certain period of time only.
During that time, the dependent spouse should work to become self-supporting. However, if a spouse cannot make progress toward becoming self-supporting, then alimony might be awarded for an indefinite period.
Another factor that may lead to a longer period of alimony is if one spouse’s standard of living is substantially better than that of the other spouse. This could indicate a longer period of alimony payments.
It is important to note that alimony should be claimed before the final end of the marriage. After a spouse has filed for a divorce, the spouse cannot come back and claim alimony, if they failed to do so when they initially filed for divorce. However, alimony awards can be modified later. The period of alimony can be extended, changed or ended in the future if the circumstances of the former spouses change.
How Can I Find a Divorce Lawyer in Maryland?
Dealing with divorce can be difficult and stressful. In Maryland, the law regarding divorce has some unusual features. It can be helpful to consult an experienced Maryland divorce lawyer. Your attorney will be able to help you understand how divorce works in Maryland and what your rights and obligations are.
