Maryland State Divorce Law

The state of Maryland requires that parties filing a Bill of Divorce have lived in the state 1 year before they can file their complaint in the Circuit Court of their county, if the grounds occurred outside the state. State residents merely must file their complaint in the county of residence.

Maryland Grounds for Divorce

Maryland is a mixed state, meaning parties can file either a no-fault or a fault-based divorce in the state.

Uncontested Divorce in Maryland

If there are no elements of a divorce that are being contested in Maryland, the parties will file an uncontested divorce petition. The petitioner must proceed with a hearing before a family law master, who makes the final divorce decree, which is usually mailed to the parties in a few weeks.

Contested Divorce in Maryland

When there are elements being contested in a divorce proceeding, that divorce takes longer and usually costs more. However, it can be important if there are elements that are not presented appropriately in the original petition. Again, once the paperwork is processed, there is a hearing before a family law master. The master may then order additional help for the areas of dispute:

• Parenting classes for custody disputes
• Alternative dispute resolution for any additional disputes

Annulment in Maryland

In the case of an illegal marriage, one or both parties may file for an annulment, which would make the marriage void. The grounds for an annulment are difficult to prove, but they include:

• Consanguinity, or marriage to a blood relative
• Bigamy
• Impotency
• Mental disability, either temporary or permanent
• Duress

No Fault Divorce in Maryland

Maryland no-fault divorces are filed on grounds of:

• A 1-year “voluntary and mutual” separation, where there is no reasonable expectation of reconciliation
• A 2-year separation without cohabitation or sexual relations

Maryland Fault Divorce

For those who believe they have the grounds for a fault-based divorce, they must be able to prove:

• Adultery
• Desertion of 1 year or more
• Insanity for 3 years or more
• Imprisonment for 3 years or more, with one year served
• Cruelty
• Extremely vicious conduct

Maryland Divorce and Child Custody

Child Custody Laws

The best interests of the child are uppermost in considerations of child custody cases. Both parents may be considered for sole or joint custody. There are no other standard factors that govern this decision, although they usually factor in:

• Age
• Health
• The parents’ roles
• The child’s wishes

Child Alimony

The state supplies guidelines and worksheets in order for parents to create an agreement that they believe will work for their family members. However, there are additional elements that may cause the standard calculation to change:

• The elements of a prior settlement agreement between the parents
• Other parties in the home, such as other children to support
• Maryland uses the Percent of Income Model to calculate support estimates, as well as Child Support Worksheets.

Maryland Divorce Spousal Support

Maryland seeks to provide a fair and equitable award, whether temporary or permanent, by considering the following elements:

• The ability of the dependent party to become self-sufficient
• The time required to educate, train, or employ the dependent party in order to become self-sufficient
• The standard of living during the marriage
• The length of the marriage
• The contributions of the parties to the well-being of the home
• The causes of the dissolution of the marriage
• The ages and health conditions of the parties
• The financial ability of the supporting party to meet their own needs as well as those of the dependent party
• Any prior agreements between the parties
• The financial assets and obligations of each spouse

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Maryland

Spouses in the military are protected by Maryland law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Maryland Divorce Lawyer?

Negotiating a settlement with an adversarial spouse is one of the most difficult tasks a person can be asked to fulfill. That is why, if a spouse is involved in a contested divorce, they should consult an experienced divorce attorney to provide an unbiased, but well-trained expert to help the parties through the legal process to a successful conclusion.