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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