COMMON QUESTIONS ABOUT DIVORCE

What is the definition of Divorce in Maryland?

Definition:

Divorce is the legal process for permanently terminating a marriage. In Maryland, divorces must be obtained through the court. At least one of the spouses (and sometimes both, depending on the case) will have to personally appear in court before a divorce will be granted.

Is there more than one type of divorce in Maryland?

Yes. In Maryland, you could ask for two types of divorce: 

1. Absolute divorce

2. Limited divorce

When the court decrees (orders) an absolute divorce, it means that the divorce is permanent, permits remarriage, and terminates property claims. When the court decrees a limited divorce, it means that the divorce is not permanent, does not permit remarriage,and does not terminate property claims (but the limited divorce may settle these claims); it serves only to legalize the separation and provide for support. You are not required to get a limited divorce before you can get an absolute divorce - there is a common misconception that you need a legal separation in order to get a divorce.

Can I obtain a divorce for any reason in Maryland?

No. You have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years each state has enacted legislation that governs acceptable grounds.

What are the Grounds (acceptable reasons) to obtain a divorce in Maryland? 

In the case of anabsolute divorce, there are six (6) grounds for a court to grant an absolute divorce: 

• adultery; 

• desertion (constructive and actual); 

• voluntary separation; 

• criminal conviction of a felony or misdemeanor; 

• two­year separation; 

• insanity.

Any one of these grounds, if proved, will result in the complete dissolution of the marriage You can file for divorce under more than one ground: for instance, adultery and desertion.

In the case of a limited divorce, there are four (4) grounds for a court to grant a limited divorce: 

• cruelty (against the child of the complaining party and/or against the complaining party); 

• excessive cruelty; 

• desertion (construction and actual); 

• voluntary separation.

Although any one of these grounds is enough for a limited divorce, a limited divorce will not completely terminate your marital status. In order to do so you must either seek an absolute divorce or an annulment. 

If I have an acceptable reason to obtain a divorce, Is there any other legal requirement to meet in Maryland?

YES. In order to start the divorce process you must file a complaint in the circuit court where you or your spouse live. In your complaint or at the hearing, you will have to meet the residency requirement for the ground you specified above. Divorce laws apply only to the residents of a state, and each state has its own residency requirements. For the ground of voluntary separation without cohabitation, the residency requirement is one year in Maryland. The law absolutely requires that you or your spouse has been a resident for the stated period of time immediately prior to and at the time that you file for a divorce. For example, you cannot have lived in Marylandfor six months before moving to Nebraska for another six months and then come back to Virginia to file for a divorce. However, after you have filed, you can move anywhere in the world. 

What are the Court filing fees associated with divorce petitions?

Fees vary depending on the action, but in most cases the initial Court cost of filing a divorce action will be at least $150.00.
 

What is the difference between "contested" and "uncontested" divorce cases?

Uncontested Divorces

A case is "uncontested" where the defendant admits the grounds for divorce and agrees with all other requests in the complaint. Uncontested cases are most common when the divorce is based on voluntary separation. However, uncontested answers may be filed in divorce cases based on any ground as well.

Uncontested cases are heard by a Domestic Relations Master in Circuit Court. Only the plaintiff and a corroborating witness must appear to give testimony to support the ground(s) for divorce. The defendant may appear if s/he wishes but ordinarily does not.

Contested Divorces

A case is "contested" where the defendant disputes the ground(s) for divorce and/or disputes other requests the plaintiff has made. The case may be contested regardless of the basis for the divorce, including a claim of voluntary separation. Both parties must appear at the hearing or trial in contested cases. The parties ordinarily benefit from having counsel represent them in contested cases.

Do I need a corroborating witness, even in an uncontested divorce hearing?

Maryland law requires a witness to corroborate the testimony of the plaintiff. There are no exceptions provided.

Do I need to appear in Court no matter what to get a divorce?

If your divorce is uncontested and if a marital settlement agreement is filed, then in most cases, no. In that case, all of the legal documents can be filed with the court, and the judgment can be sent to you. The court could request a formal or informal hearing. At an informal hearing, the judge may ask questions about certain facts presented in the papers. At a formal hearing, the divorce case must be presented from the beginning. In most uncontested cases, however, all questions relating to the divorce are settled prior to the actual hearing (or trial). Thus the hearing (or trial) often lasts only minutes.

What is a marital settlement agreement?

A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. Parties to a divorce are encouraged to enter into a written property settlement agreement containing provisions for the maintenance of either spouse, the disposition of any property owned by either spouse, the allocation of debts, and the support and custody of any minor children. The agreement of the parties is then presented to the court for its approval and a decree of dissolution is entered.

Filing a marital settlement agreement is not required but it has many advantages. First, it prevents ambiguities. Second, it avoids court because the judge will most likely honor the written agreement if written correctly and if it covers all material aspects of the divorce. Third, it shows the court that the issues were considered carefully, and the case will move more quickly though the system.

Marital settlement agreements can be entered into at any time before the final judgment. They are typically filed with the final judgment.

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