Navigating the end of a marriage is a challenging and emotional process. Understanding the legal landscape can make it more manageable. This guide provides a clear overview of Maryland divorce law, helping you understand the key steps and considerations, from filing the initial complaint to finalizing the decree.
What is a Divorce in Maryland?
In Maryland, a divorce, legally termed an “absolute divorce,” is the court-ordered termination of a marriage. A judge signs a “divorce decree” that not only dissolves the marriage but also settles critical issues, such as the division of property, alimony (spousal support), child custody, and child support. Once the divorce is final, both individuals are free to remarry.
It is important to note that Maryland does not recognize “legal separation.” However, living separately and apart is one of the grounds for obtaining a divorce.
Residency Requirements to File for Divorce under Maryland Divorce Law
Before you can file for divorce in a Maryland circuit court, certain residency rules must be met.
- If the reason (ground) for divorce occurred in Maryland: You or your spouse must be currently living in Maryland when the divorce complaint is filed.
- If the reason for divorce occurred outside of Maryland: At least one spouse must have lived in Maryland for a minimum of six months before filing for divorce.
Grounds for Divorce in Maryland
To be granted a divorce, you must prove that at least one legal reason, or “ground,” exists. As of recent changes in Maryland divorce law, there are three primary grounds for an absolute divorce.
1. 6-Month Separation
You and your spouse must live separate and apart without interruption for at least six months before filing the divorce complaint. “Separate and apart” means pursuing separate lives, which can occur even if you are living under the same roof.
2. Mutual Consent
This is a no-fault ground for divorce. You and your spouse can agree to divorce and sign a comprehensive written settlement agreement. This agreement must resolve all issues related to:
- Alimony
- Division of marital property
- Custody, care, and financial support of any minor children
If you have children, a completed child support guidelines worksheet must also be submitted with the agreement. Neither party may object to the agreement before the final hearing.
3. Irreconcilable Differences
This ground is used when you or your spouse believes the marriage has broken down for reasons that cannot be resolved. It signifies that fundamental issues make it impossible to continue the marriage.
Our office is conveniently located in Rockville, Maryland. We typically work within the family department at the Montgomery County Circuit Court for our divorce cases.
Dividing Marital Property
One of the most complex parts of a divorce is the division of property. Maryland is an “equitable distribution” state, which means property is divided fairly, though not always equally.
Marital property is any property acquired by either spouse during the marriage, regardless of whose name is on the title. This includes real estate, vehicles, bank accounts, retirement funds, and businesses.
Non-marital property is property that belongs to one spouse alone and is not subject to division. This includes:
- Property acquired before the marriage.
- Gifts or inheritances received by only one spouse.
- Property excluded by a valid agreement (like a prenuptial agreement).
Suppose you and your spouse cannot agree on how to divide your property. In that case, the court will decide after considering various factors, including each spouse’s monetary and non-monetary contributions to the family.
Curious about the costs of divorce in Maryland? We have a blog post on that topic here.
Alimony (Spousal Support)
Alimony is a payment from one former spouse to the other for financial support. It can only be requested before the divorce is final. There are three types of alimony in Maryland:
- Pendente Lite Alimony: Temporary support paid while the divorce case is pending.
- Rehabilitative Alimony: The most common type, awarded for a limited time to help a spouse become self-supporting through education or training.
- Indefinite Alimony: A rare form of alimony with no set end date. It may be awarded if one spouse cannot reasonably become self-supporting due to age, illness, or disability, or if there is an unconscionably disparate standard of living between the spouses after the divorce.
The court considers factors such as the length of the marriage, each spouse’s financial situation, and the reasons for the divorce when determining alimony.
Child Custody and Support
When children are involved, their best interests are the court’s top priority.
Child Custody
Custody determines who makes decisions for the children and where they live.
- Legal Custody: The right to make long-term decisions about a child’s education, healthcare, and religious upbringing.
- Physical Custody: The right and obligation to provide a home for the child.
Custody can be awarded solely to one parent or jointly to both. If parents cannot agree, the court decides based on what is in the child’s best interest, considering factors such as parental fitness, the child’s preference (if old enough), and the ability of the parents to communicate effectively.
Child Support
Both parents are legally obligated to provide financial support for their children. Maryland uses specific Child Support Guidelines to calculate the amount. The formula takes into account each parent’s income, the cost of childcare and health insurance, and the number of overnight stays the child spends with each parent.
The Divorce Process: A Brief Overview Under Maryland Divorce Law
- File a Complaint: The process begins when one spouse (the Plaintiff) files a Complaint for Absolute Divorce with the circuit court.
- Serve the Papers: The other spouse (the Defendant) must be formally served with the divorce papers.
- File an Answer: The Defendant has a set time to file an Answer, responding to the complaint. They can also file a Counter-Claim.
- Discovery and Negotiation: Both sides exchange information. This is often when a settlement agreement is negotiated.
- Hearing: If the case is uncontested, a brief hearing is held before a court master. If contested, a trial is held before a judge who will decide on all unresolved issues.
- Divorce Decree: A judge signs the final Decree of Absolute Divorce, which legally ends the marriage and outlines all terms.
Understanding the basics of Maryland divorce law is the first step in navigating this difficult life transition. Because divorce can involve high stakes and complex legal issues, consulting with a qualified family law attorney is always recommended to protect your rights and interests.
