Maryland Divorce Information and
FAQ
The courts in Maryland will grant an absolute divorce on the following
grounds:
1. Adultery; 2. Deliberate desertion for one year with no reasonable
expectation of reconciliation; 3. Voluntarily living separate and apart
without cohabitation for one year with no reasonable expectation of
reconciliation; 4. Conviction of a felony; 5. Living separate and apart
for two years without cohabitation; 6. Insanity of one of the parties; 7.
Excessive cruelty or vicious conduct. ACM 7-103
Residency requirements If the grounds for divorce occurred outside of
the State of Maryland, at least one of the parties to the divorce must
have resided in Maryland for at least one year immediately prior to the
filing of the action. AMC 7-101
Name of court and title of action/parties An action for divorce filed
in the State of Maryland is filed in the Circuit Court. The title of the
action initiating the divorce is a Bill for Divorce, while the title of
the action granting the divorce is referred to as the Decree of Divorce.
The party who initiates the action for divorce is referred to as the
Plaintiff, while the other party to the action is referred to as the
Defendant.
Legal separation Legal separation in Maryland is referred to as a
Limited Divorce. The courts will grant a judgment of Limited Divorce for
the following reasons: 1. Cruelty of treatment or excessively vicious
conduct; 2. Desertion; 3. Voluntarily living separate and apart with no
reasonable prospect of reconciliation.
The parties may be required to participate in good faith in
reconciliation efforts prescribed by the court. ACM 7-102
Mediation Mediation may be required by the court when a limited divorce
is sought. Additionally, if custody is a disputed issue, the court may
also require mediation. ACM 7-102
Alimony Alimony may be awarded to either spouse. In making a
determination as to the amount and period of alimony, the court may
consider the following factors:
1. The ability of the party seeking alimony to be wholly or partly
self-supporting; 2. The time necessary for the party seeking alimony to
gain sufficient knowledge or training to find suitable employment; 3. The
standard of living of the parties established during the marriage; 4. The
duration of the marriage; 5. The contributions of each party to the
well-being of the family; 6. The circumstances of the demise of the
relationship; 7. The age, physical and mental condition of each party; 8.
Any agreement between the parties; 9. The financial needs and resources of
the parties; 10. Any other relevant factor. ACM 11-106
Distribution of property Maryland is an equitable distribution state in
which the court will divide the marital property between the parties as
the court deems equitable and just, after setting aside to each spouse
that party's separate property. Factors the court will consider in
distributing the marital property between the parties include: 1. The
contribution of each party to the family's well-being; 2. The value of
each party's property interests; 3. The economic circumstances of each
party; 4. The duration of the marriage; 5. The age, physical and mental
condition of each party; 6. Any other factor the court deems relevant and
just.ACM 8-205
Child Custody The court will determine the issue of custody based upon
the best interests of the child. ACM 8-207
Child support Maryland has enacted child support guidelines which
establish the presumptive correct amount of child support. This
presumption may be rebutted by evidence that the application of the
guidelines would be unjust or inappropriate under the circumstances. If
the court determines that application of the guidelines would be unjust or
inappropriate, the court shall make a written finding on the record
stating the reasons for deviating from the guidelines and stating what the
amount would have been under the guidelines. ACM 12-202
Name change The court upon the granting of a divorce may change the
name of a party to that party's former or maiden name so long as the
reason the party is seeking the name change is not illegal, fraudulent, or
immoral. ACM 7-105
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