Divorce in Maryland is a legal process that involves the dissolution of a marriage, with various aspects such as property division, alimony, and child custody addressed during the proceedings. Understanding the key aspects of divorce in Maryland is essential for individuals contemplating or going through this challenging process.
Filing for Divorce
Since October 1, 2023, Maryland has simplified its divorce process by replacing limited divorces with absolute divorces, which provide couples with permanent separation. This revised legislation is focused on finding solutions instead of assigning faults. Thus, adultery, desertion, and vicious conduct are no longer grounds for divorce. Today, the only grounds for divorce in Maryland are:
- Mutual consent
- Irreconcilable differences, or
- Six months of separation
To file for divorce in Maryland, at least one spouse must meet the state of Maryland residency requirements. The filing party or the respondent must have been a Maryland resident for at least six months before filing. However, if the grounds for divorce occurred outside Maryland, the residency requirement may be waived.
The divorce process begins with filing a complaint for divorce in the circuit court of the county where either spouse resides. The complaint outlines the grounds for divorce and includes requests for various relief, such as alimony, property division, and child custody.
Property Division
Maryland follows the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally. Marital property includes assets acquired during the marriage, while separate property generally remains with the original owner. The court considers factors like contributions to the marriage, economic circumstances, and the duration of the marriage when dividing property.
Alimony
Alimony, or spousal support, may be awarded based on factors such as the length of the marriage, the financial needs of each spouse, and their ability to support themselves. Alimony may be temporary or permanent, depending on the circumstances. The court aims to achieve a fair and reasonable result in addressing the spouses’ financial disparities.
Child Custody and Support
If the divorcing couple has children, child custody and support are critical issues. The child’s best interests are paramount to Maryland courts when determining custody arrangements. Factors such as the child’s age, health, and relationships with each parent are considered. Child support is typically determined based on the income of both parents and the child’s needs.
Contact the Law Office of Andrew D. Toms
Navigating the divorce process in Maryland involves understanding the legal grounds, residency requirements, and other issues that must be addressed. Seeking legal counsel is advisable to ensure that your rights are protected and that you fully comprehend the implications of the decisions made during the divorce proceedings. While divorce is a challenging process, being informed and seeking support can help individuals make sound decisions for their future and the well-being of any children involved. Contact the Law Office of Andrew D. Toms for prompt and effective representation in your Maryland divorce.