Things You Need to Know When Filing a Divorce in Maryland

Types of Divorce

1. Absolute Divorce ends your marriage officially. It resolves all concerns, including estate matters. Unless listed as a beneficiary on your ex-spouse’s policy, you are not entitled to any proceeds from his or her estate. You and your ex-spouse may remarry once the divorce is finalized.

2. In a limited divorce, only some significant matters such as support and alimony are settled and it does not end your marriage. Couples may file for limited divorce when they need the court to address issues such as child custody or finances before they can be qualified for an absolute divorce.

Legal Separation in Maryland

In Maryland, a “legal separation” does not exist. If you and your spouse are living away from each other with the purpose of ending your marriage, and no sexual intercourse happened during that time, a separation may be established. Depending on the duration you and your spouse are separated, separation may be a legal cause or ground for divorce.

Legal Reasons or Grounds for Divorce

One spouse must verify that at least one “ground” exists before the court grants a divorce. The following are examples of a ground for divorce:

Limited Divorce

  • Separation

  • Cruelty and excessively vicious conduct

  • Desertion

Absolute Divorce

  • Mutual Consent

  • Adultery

  • Imprisonment for a crime

  • Insanity

  • Separation by 12 months

No-Fault Divorce

Maryland is a no-fault divorce state. Meaning that a party may not be penalized under a certain ground. However, this cannot be confused with the fact that the court is entitled to take into consideration any and all actions by a party that it deems relevant when making a decision on the divorce and any issues.

Divorce Lawyer in Maryland

Divorce can be complicated. You may have a lot at risk especially if child custody is an issue, or if an estate, retirement assets, or alimony requires resolution. Contact The Saint Yves Law Firm to represent you if your case has complex issues or if your spouse has a lawyer. We are always here for you, call us, and we will assist you with filing and completing your divorce.