Going through a divorce is never easy, and one thing that certainly doesn’t make this process any easier is a great deal of confusion about all the legal requirements and steps you need to take along the way. If you are looking for a Maryland divorce attorney, Thomas Mallon is one of the best in the area.
In this article, we’ll clarify some of the most frequently asked questions about divorce process in Maryland.
Grounds for Absolute Divorce in Maryland
As you probably know, you can’t get a divorce in Maryland without a proper reason. Maryland family law recognizes different grounds for absolute divorce, such as 12 months continuous separation period. In this separation period, the both parties must reside in separate places, without cohabitation, uninterruptedly for 12 months. So, if this is your case, you have the right to file for absolute divorce. If there is mutual consent to end your marriage, you don’t need to go through any specific separation period to file for a divorce. But, if it only applies to one of the spouses, you can’t do it. Also, this applies only to couples who don’t have minor children in common and who have a signed legal separation agreement. The marital settlement agreement must have resolved all issues arising out of the marriage such as alimony issues and division of marital properties.
Grounds for absolute divorce in Maryland, besides mentioned are adultery, cruelty, desertion, severe mental illness (such as insanity) and similar. Conviction of particular crimes in which one of the spouses is imprisoned for at least three years also gives you the right to get a divorce.
Absolute and Limited Divorce
Getting an absolute divorce, as the words say, is to officially and legally end your marriage. Limited divorce can be used in certain situations, usually when the couple cannot establish the grounds for an absolute divorce. With limited divorce, the marriage is not officially terminated, and it doesn’t allow you to get married again.
Besides absolute and limited separation, there is also fault or no fault divorce and contested and uncontested divorces. For example, the 12-month separation and mutual consent decrees are considered for no fault divorces, while other grounds of absolute divorce, such as cruelty, negligence, adultery and similar are considered at fault. When it comes to uncontested vs. contested cases, uncontested divorces are the ones where the couple has come to their own solution. It doesn’t matter if the agreement happened before or during the divorce, or through mediation and negotiation.
Rules for Separation and Separation Agreements for Divorce
Separation agreements are not required in the state of Maryland. As we said before, a 12 month separation period is enough to file for an absolute divorce, while mutual consent doesn’t require any separation time.
This is just a simplified overview of divorce in Maryland. Every case is unique, so before making any final decisions you might regret later, you have to consult with a professional. If you are going through a rough divorce in Maryland – Thomas Mallon is a family law lawyer who can ensure you get the quality legal guidance and assistance you need in this difficult situation. Make sure you visit his website today and schedule a free consultation.