When the love ends, it is always necessary to formalize this sad yet important milestone. The divorce proceeding is quite complicated and is sometimes overburdened by various formalities and emotions. Understanding the legal framework of the divorce proceeding is crucial to getting things done straightforwardly and well. In this review, you will read about the most important information on how to complete a divorce in Maryland.
What is a Divorce according to the Maryland laws?A divorce that is sometimes called the "absolute divorce" is a step that legally finalizes a marriage. For this purpose, a circuit court enters an order called a "decree" or "divorce decree". This court decision most commonly addresses the subsequent matters:
alimony – financial assistance for any of the spouses, if relevant;
property division;
children support and custody (the so-called "parenting and powers").
After the court has finalized a divorce, both spouses are entitled to remarry.
Is It Possible to Get a Legal Separation?Maryland divorce laws actually don’t envisage such an opportunity. However, if the separation for such a long period of time has taken place it may serve as a ground for a divorce. Thus, there is no “partial divorce” according to the applicable Maryland laws.
Legal Reasons for Divorce in MarylandWe have already touched partially this aspect but let's review it more precisely. The Maryland divorce laws envisage these reasons for a divorce:
Mutual consent – spouses are allowed to divorce upon mutual consent and a written agreement. The latter document covers the matters related to alimony, division of marital property, care, custody, and other matters that a former couple would like to regulate.
Separation – if spouses live apart for 6 months before filing a complaint for a divorce, the court may satisfy such. This ground is in place even if spouses live under the same roof. They can, nevertheless, pursue completely separate lives.
Irreconcilable differences – this ground is in place if either of the spouses or both believe that the marriage should be ended because of reasons that are impossible to resolve.
How Does the Alimony (Spousal Support) Work?The Maryland divorce proceeding also covers the aspect of providing financial support for one of the spouses. This is a periodical payment that one of the spouses makes to another. It can be requested only prior to passing the divorce decree. There are several types of alimony:
Pendente lite alimony – this is temporary support that is provided by one spouse to another exclusively within the Maryland divorce process. It will be stopped after the court passes a final divorce decree.
Rehabilitative alimony – this is a kind of alimony that can be provided to a spouse who is not financially independent. This support is rendered for a specific limited period of time until the beneficiary becomes self-supporting. For instance, a court may order such alimony for 1 year before a spouse who enjoys it will earn a degree.
Indefinite alimony – this is support provided by one spouse to another without any definite period. In other words, there is no end point for such. However, it should be noted that such kind of financial assistance is quite rare. It is typically provided in cases when there is no hope that a spouse who enjoys it will become self-supporting one day. These are such cases as age, disability, or disease.
If the spouses fail to reach an agreement on the alimony, the court can resolve this matter on its own. The final sum will be determined based on the length of the marriage, the financial situation of both spouses, reasons for a divorce, how the marital property has been divided, and the age and state of health of both spouses.
Property IssuesDuring the joint family life, spouses typically acquire some kind of property. This can be real estate, funds in the bank accounts, vehicles, etc. However, property division in Maryland divorce still has lots of nuances to take into account:
property has been acquired before a marriage;
property has been inherited or has been presented as a gift;
property regarding which both spouses agree that it is not marital;
property that originates from the sources of funds mentioned before, for instance, purchases from the inheritance amount.
It is quite possible that the spouses reach an agreement in relation to the division of the joint property. However, if they fail to do this, the court can do this instead of them.
Children MattersWhen it comes to children, there are several aspects to this end:
Child support – since parents are obliged to take care of their joint children, including supporting them financially, the court may determine the amount of such financial support. The rule is simple here – a parent who bears primary physical custody will receive support payments from another spouse. The amount of such support is calculated by taking into account the parent's income and expenses as well as the child's needs.
Child custody – in this context, the court addresses the issues of time and authority – how long each spouse can spend with a child, and how the decisions towards the child will be taken. Child custody in Maryland divorce also envisages the so-called "parenting plan" that formalizes the mutual agreement between the parents on the said matters. If they fail to do this, the court may assist with resolving the dispute taking into account the circumstances of the case.
How to Get a Divorce in Maryland?It is possible to file a divorce in Maryland if either of the spouses lives in this state, i.e. are Maryland residents. The latter feature is relevant if either or both of the spouses live in this state for 6 months at the time of filing.
You should file a divorce to a circuit court and enclose the documents that substantiate your demands, if any. The Maryland family laws also envisage the fee waiver in certain instances. In any case, you always send your spouse a copy of the filing and provide such confirmation of their delivery to a court as well. This step is crucial – don't overlook it under any circumstances.
Bottom LinePassing through the divorce proceedings is complicated in most cases. It is easy to face the negative consequences for your property and children. Divorce proceedings are nearly always emotional. Therefore, being fully aware of your rights and opportunities as well as having someone experienced on your side are always good ideas.
Divorce lawyer in Columbia will facilitate filing for divorce in Maryland in 100% compliance with the local laws and with the maximal advantages for you. Share the details of the case you have on your agenda with your divorce lawyer.
