3. Does the state have grounds for divorce? There are two types of divorce in Maryland: absolute divorce and limited divorce. An absolute divorce is a typical divorce — it ends your marriage. A limited divorce is comparable to a court-ordered separation in other states — you cannot marry other people.
You can file for an absolute divorce on the following grounds:
- Your spouse committed adultery — had an affair.
- Your spouse deserted you with the goal of ending your marriage; there is no reasonable hope that you will reconcile; and he or she has been gone for at least 12 months.
- You and your spouse have lived apart for at least 12 months and there is no reasonable hope of reconciliation.
- Your spouse has been convicted of a felony or misdemeanor; has been sentenced to at least three years in prison; and has served at least 12 months of his or her sentence.
- You and your spouse have lived apart for at least two years (the no-hope-of-reconciliation clause is not included here) your spouse has been in a mental institution for at least three years and two physicians with experience in psychiatry testify that he or she is incurably insane. To file on this ground, you or your spouse must have been a resident of the state for at least two years. your spouse has treated you or your child cruelly, and there’s no reasonable hope you’ll get back together.
- Your spouse has been excessively vicious toward you or your child, and there’s no reasonable hope you’ll reconcile.
4. How does Maryland determine the division of property? You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will look at your marital property. In Maryland, this is any property you or your spouse acquired during your marriage, no matter whose name is on the title. Your separate property remains your own. This includes:
- Property that you acquired before your marriage.
- Property that you acquired by gift or inheritance.
- Property that is excluded from your marital property by an agreement property that you receive in exchange for your separate property.
To decide how much to award each of you from your marital property and how it will be transferred, the court will take into consideration:
- The monetary and non-monetary contributions you and your spouse each made toward your family.
- The value of all the property that you and your spouse each own.
- You and your spouse’s economic circumstances at the time the award is made.
- The circumstances that led to your divorce.
- How long you were married.
- You and your spouse’s ages.
- You and your spouse’s mental and physical conditions.
- How and when your marital property was acquired, including how much effort you and your spouse each contributed toward its acquisition.
- Any award of alimony or use of your family home or personal property in your case.
- Any other factor the court considers necessary.
The court seeks an arrangement that would let your child live in the environment and community that are familiar to him or her and to allow the parent who has physical custody of your child to live in your family home with your child. The court also will take into consideration:
- Your child’s best interest.
- Whether it’s necessary to allow one of you to have or to use certain property to live in.
- Whether it’s necessary to allow one of you to have or to use certain property because it’s necessary for your income.
- What hardship one of you might face if use of your family home or property is awarded to the other.
5. Does Maryland require mediation before a divorce is granted?
Mediation is not always a requirement, though the court may order it in your case if you and your spouse disagree over child custody or visitation.
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