Grounds for Divorce in Maryland
Maryland recognizes two (2) types of divorce, namely, absolute divorce and limited divorce.
Under certain exceptional circumstances, a party or both parties may request that the Court enter an annulment decree. In your Complaint for divorce, whether absolute divorce or limited divorce, you must state specific ground(s) for divorce; in other words, you have to give the Court an acceptable reason why you should be allowed to terminate your marriage. The reason is known as the ground for divorce.
The following are the grounds for absolute divorce in Maryland:
- Cruelty And Excessively Vicious Conduct;
- Adultery;
- Voluntary Separation;
- Desertion;
- Constructive Desertion;
- Criminal Conviction Of Certain Crimes;
- Two Year Separation; and
- Insanity.
You may state more than one ground for divorce in your Complaint for Absolute Divorce, even though they may initially seem inconsistent; for example, you may allege desertion, voluntary separation, and adultery as alternative grounds for absolute divorce.
Alimony/Spousal Support in Maryland:
Alimony or spousal support is payment made by one spouse to the other during or after the divorce proceedings. A party may be entitled to receive support while the trial is pending; this type of support is called pendente lite alimony. The rationale behind pendente lite alimony is that a spouse in need of support may not be able to, and should not have to wait to receive support from the spouse who has the financial advantage between the parties. If you do not have the ability to finance your reasonable living expenses during the divorce proceedings and your spouse is able to make a financial contribution to assist you with your living expenses, you may be able to receive an Order from the Court for pendente lite alimony. You should be keep in mind that as a result of the equal protection clause of the United States constitution and the Maryland constitution the law does not discriminate against males or females for receiving spousal support. Primarily, the respective financial condition of the parties is determinative in deciding whether a party should receive alimony from his or her spouse.
Unless the parties reach an agreement, a party who is requesting alimony must prove certain elements before he or she could receive a Court Order for spousal support. In Maryland alimony is either "rehabilitative" or "permanent." Rehabilitative alimony is intended to be a short-term measure after the parties' divorce that would enable a spouse to become self-sufficient. For example, you may receive alimony for attending school to acquire needed education and/or skills that would enable you to earn a better living which in turn would assist you to become self-sufficient. Rehabilitative alimony is more appropriate in cases where the parties have been married for shorter duration, and the spouse requesting alimony is in a position where he/she can attend a school to gain the required skills that would make her or him more competitive in the job market. Rehabilitative alimony is for a definite duration while the spouse is gaining the new skills. Permanent alimony, on the other hand, continues for a long period of time, possibly until the death of the party that will be receiving the alimony, and is usually awarded when one of the parties is unable to work due to age, physical infirmities, or mental illness.
Division of Marital Property in Maryland
Marital property is defined as any and all of the properties that have been acquired by either or both parties during their marriage. Pre-marital assets, gifts, assets acquired by inheritance or excluded by agreement between the spouses, or any asset traceable to these sources are not considered marital property. Maryland is an equitable property state. This means that all of the marital properties should be divided equitably and fairly. Any property that was acquired by either spouse during the marriage is presumed to be marital property unless it can be shown that the property is actually separate property. Absent an agreement of the parties, the Circuit Court for the appropriate county will determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.
It is common for a divorcing couple to decide the division of their property and debts with the assistance of their respective attorneys, rather than litigating a divorce case and leaving it for the judge's decision. But if you are not able to reach an agreement with your spouse, you may submit your property dispute to the court. Division of property does not necessarily mean a physical division. Rather, the court awards each spouse a percentage of the total value of the property. Each spouse gets items whose value adds up to his or her percentage.
Although hiding assets during a divorce proceeding is inappropriate and unlawful, your spouse may attempt to do so in order to "cheat" you out of your interest in such properties. An aggressive and vigorous discovery process should be conducted to assist you in discovering the hidden assets. Under the Maryland Rules of discovery, you have certain rights to request the relevant documents and information from your spouse and third parties that will lead you to finding these properties.
Custody and Visitation of Children in Maryland
There are two (2) types of custody in Maryland, namely, "legal custody" and "residential custody" (also known as "physical custody"). The decision making power with regard to the child is called legal custody, and may be awarded to either party separately or to both parties jointly. The standard for determining the physical custody of children in Maryland is the "best interests" test. Accordingly, the Court will determine how a child's interest will be best served when the Court decides the issue of physical custody. Usually one party will be awarded with physical custody, and the other party will have visitation rights. In some cases, it may be in the best interest of the child to award joint physical custody to the parents. A custody order will always remain modifiable, and if you have concerns with regard to health and safety of your child due to the other parent's conduct, you may file a complaint or motion to modify custody. A person who is awarded with physical custody of a child will also receive child support.
Kamkari Law Firm
Maryland & Washington DC
(301) 309-9002
ask@kamkarilaw.com
Disclaimer
The information contained in this website is for information purposes only and is not intended to constitute legal advice or a solicitation of clients. It does not create an attorney-client relationship between the reader and Kamkari Law
Firm of Maryland. Professional legal counsel should be sought for specific opinions or situations.
