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Maryland
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Maryland Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Maryland Residency Requirement
According to the Maryland Divorce Laws and Maryland Divorce Guidelines,
to get divorced in Maryland, in a case where the grounds for divorce
occurred outside of Maryland, one of the spouses must have been
a resident of Maryland for at least one year before filing for divorce.
In all other cases either spouse may file for divorce in Maryland.
The residency requirement doubles ( to 2 years) in cases where the
grounds for divorce is insanity.
Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides
Simplified or Special Divorce
Procedures
Summary divorces are not permitted in Maryland.
However, marital settlement agreements are specifically authorized
by statute and may be used for full corroboration of a plaintiff's
testimony that a separation was voluntary if:
(1) the agreement states that the spouses voluntarily agreed to
separate;
(2) the agreement was signed under oath before the application for
divorce was filed. In addition, each spouse must file a Financial
Statement Affidavit and a Joint Statement of Marital and Non-Marital
Property. Finally, in a default situation, the divorce may be granted
only upon actual testimony of the plaintiff spouse.
Maryland Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Voluntary separation without interruption or cohabitation for
1 year
(2) Spouses lived separate and apart without interruption for 2
years
Grounds for a Fault based divorce:
(1) Adultery
(2) deliberate desertion for 12 months with no chance for reconciliation;
(3) confinement for incurable insanity of at least 3 years
(4) conviction of a felony/misdemeanor with at a 3-year minium (1
year already served) sentence
(5) cruelty
(6) vicious conduct
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Maryland, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Maryland divorce guidelines and Maryland divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as Maryland property distribution, Maryland child
support, or Maryland child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Maryland
divorce guidelines and Maryland divorce
laws, is a divorce where the other spouse doesn’t sign the Maryland
Divorce forms or Maryland divorce papers, he/she doesn’t do anything
at all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Maryland
There are only three basic procedural steps to a divorce:
- File Maryland Divorce Papers (Maryland
Divorce Forms)
- Notify Spouse of your filing for divorce
in Maryland
- Attend your Maryland divorce hearing
Maryland Child Custody
Simple Definitions: (source: Maryland divorce guidelines and Maryland
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Maryland Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Maryland
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Maryland Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Maryland Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Maryland divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Maryland.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Maryland.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Maryland often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Maryland, fees must usually
be paid when you file the Maryland divorce forms and Maryland divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Maryland divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Maryland, you will almost always be the one to cover the court fees
which is standard procedure.
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| 2 |
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| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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