DIVORCE LAW FORUM

     

MARYLAND DIVORCE LAW

Here you will find Maryland specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

The divorce may be filed in the county where either party resides if the grounds for divorce occurred within the state. If the grounds for divorce occurred outside of the state, a spouse must be a resident for at least one year prior to filing for a divorce in Maryland.

[See Maryland Code, Family Law, § 7-101]

LEGAL GROUNDS FOR DIVORCE:

A divorce may be granted on the following grounds:

1)      Adultery.

2)      Desertion for at least one year before filing.

3)      Voluntary separation for at least one year before filing.

4)      Conviction of a felony, when the defendant has been sentenced to at least three years in a penal institution, and has served at least one year of the conviction.

5)      Living separate and apart for at least 2 years.

6)      Insanity.

7)      Cruelty or domestic violence against the petitioner or a minor child of the complaining partner.

[See Maryland Code, Family Law, § 7-103]

LEGAL SEPARATION:

A couple may execute an enforceable agreement relating to alimony, support, property rights, or personal rights.

 [See Maryland Code, Family Law, § 8-101]

PROPERTY DISTRIBUTION:

Maryland follows the concept of equitable distribution.  This means that if the spouses can't reach an agreement, the court will divide the marital estate in an equitable, but not always monetarily equal, fashion. When determining the division of the marital estate, the court may consider the following:

1)      The contributions of each party to the marital estate, both monetary and non-monetary.

2)      The value of all property of each party.

3)      The economic circumstances of each party.

4)      Misconduct that led to the estrangement of the parties.

5)      The duration of the marriage.

6)      The age and physical or mental condition of each of the parties.

7)      How the marital property was acquired.

8)      The amount of alimony awarded.

9)      Any other factors that the court deems relevant.

[See Maryland Code, Family Law, § 8-205]

 

MEDIATION OR COUNSELING REQUIREMENTS:

When children are involved in a divorce proceeding, the parents may be required to attend and educational seminar to educate parents about the effects of divorce on children.

[See Maryland Code, Family Law, § 7-103.2]

 

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Alimony may be awarded to either spouse.  The court will consider the following factors when determining a fair and equitable award:

1)      The ability of the party seeking alimony to be wholly or partly self-supporting.

2)      The time necessary to gain sufficient education or training to enable that party to find suitable employment.

3)      The duration and standard of living established during the marriage.

4)      The contributions, monetary and non-monetary, of each party to the well-being of the family.

5)      The circumstances that contributed to the estrangement of the parties.

6)      The age and physical or mental condition of each party.

7)      The ability of the party from whom alimony is sought to meet his or her needs while paying alimony.

8)      Any agreement between the parties.

9)      The financial needs and financial resources of each party.

10)  Whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

[See Maryland Code, Family Law, Sections 11-101 and 11-106]

 

SPOUSE'S NAME:

Either spouse may request to take back a former or maiden name after divorce.

[See Maryland Code, Family Law, § 7-105]

 

CHILD CUSTODY:

A court may award custody of minor children to either parent or joint custody to both parents, with neither parent being presumed to have any right to custody that is superior to the right of the other parent. The court shall deny custody or visitation rights to a party if the court has reasonable grounds to believe that a child has been abused or neglected by a parent, and if the court believes that the conduct will continue, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.  Upon their own motion, a child who is 16 years old or older may file a petition to change custody.

[See Maryland Code, Family Law, Sections 5-203, 9-101 and 9-103]

 

CHILD SUPPORT LAWS OF MARYLAND :

An award of child support is determined by the Income Shares model.  This means that both parent's incomes are combined to determine the amount of support. The child support obligation is then divided between the parties in proportion to their adjusted actual incomes. The Income Shares model may be deviated from, due to the terms of any existing separation or property settlement agreements, or the presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing.

[See Maryland Code, Family Law, Sections 12-202 and 12-204]
 

How Child Support Amounts are Determined by the Court:

1)      Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In determining an award of child support, a court will look at all relevant facts upon the following issues:

2)      The needs of the children. For example, a sickly or developmentally disabled child will often require a higher level of support than a healthy child.

3)      The age of the children. Infants and younger children often cost less to support than older children.

4)      The ability of the non-custodial parent to Pay. The court is limited in awarding child support by the ability of a parent to pay See income from all sources, often including a new spouse's earnings.

5)      The earning capacity of the custodial parent.

 

           

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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