MARYLAND DIVORCE LAW

Maryland has its own unique laws and procedures governing the separation or divorce process. If you are contemplating separation or divorce in the state of Maryland, you may understandably have a number of questions about issues such as grounds for divorce, annulment, residency requirements, and property division. It is important to note that if you are granted a divorce in Maryland, you and your ex-spouse will be legally single and able to re-marry. You should discuss any questions or concerns with a Maryland divorce attorney.

Legal Separation

A husband and wife may make a valid legal separation in Maryland. The separation settlement may cover alimony, support, property rights, or personal rights. If a Maryland Judge grants a separation agreement, that parties will still remain married. They will not be able to re-marry.

Grounds For Divorce

When filing for divorce you will need to state the reason why you want the divorce, also known as the "grounds for divorce." Maryland has both fault and no-fault grounds for divorce. For divorces based on no-fault grounds, the standard used by the Maryland courts is an "irretrievable marriage breakdown." On the other hand, for divorces based on grounds of fault the fault-based reasons must be more specific. The court may decree an absolute divorce on the following grounds:

1. adultery;
2. desertion, if continued for 12 months without interruption;
3. conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
   • been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
   • served 12 months of the sentence;
4. 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
5. insanity, if certain prerequisites are met;
6. cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
7. excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

Filing for divorce can be a complicated and emotional matter. It is important to discuss your options with a Maryland divorce attorney.

Divorce Residency Requirements

In order to properly file for divorce in Maryland you must meet the residency requirements. If the grounds for the divorce occurred outside of Maryland, a party may not apply for a divorce unless 1 of the parties has resided in Maryland for at least 1 year before the application is filed. Otherwise, if the grounds occur in the state of Maryland, a divorce can be filed in either party's county of residence.

Annulment

An annulment of a marriage occurs when a Maryland court declares your marriage legally invalid. The annulment declares that the marriage was not valid from the beginning instead of ending the marriage through divorce. Many states share the same or similar grounds for annulment. Maryland's grounds in particular include fraud, duress, a party's minor status, same sex marriages or excessively close family relations. You should speak with a Maryland divorce attorney, as it may be difficult to obtain an annulment.

Equitable Division of Marital Property

Maryland is an "equitable distribution" state. This means that marital property will be distributed on terms considered by the court to be "fair," not necessarily 50-50 or equal. In the adjudication of equitable distribution, the Maryland court will consider, among other factors, the contributions of each spouse to the marital estate, the total value of the properties of the parties, the economic circumstances of each party, any misconduct that may have occurred, and the amount of spousal support awarded.

Links to Divorce Statutes

1. Maryland Annotated Code, Family Law
2. Maryland Legal Separation
   • Maryland Annotated Code, Tit. 8, § 101.
3. Maryland Grounds for Divorce – No-Fault, Fault
   • Maryland Annotated Code, Tit. 7, § 103.
4. Maryland Divorce Residency Requirements
   • Maryland Annotated Code, Tit. 7, § 101.
5. Maryland Annulment
   • Maryland Annotated Code, Tit. 2, § 201-202.
6. Maryland Equitable Division of Marital Property
   • Maryland Annotated Code, Tit. 8, § 205.