Free Divorce Information

Residency requirements for divorce in Maryland

If you wish to file for bill for divorce in Maryland then the Circuit Court has to have jurisdiction over your case. You also have to be able to meet the requirements for divorce and these are outlined below:

• If the grounds for the application for divorce occurred outside of Maryland then there will be a 1 year wait when applying for divorce

• If the spouse filing for divorce is a resident or Maryland they may file for divorce in the county in which they are residing

• If the spouse is filing for divorce under insanity there is a wait of 2 years before filing for bill for divorce

The divorce is generally filed in the state in which the spouse filing resides Maryland Code - Family Law Chapter - Section: 7-103

Grounds for divorce in Maryland

The bill for divorce to terminate the marriage may be applied for under certain conditions. If you are applying for an absolute divorce, it may be granted by the courts under the reasons outlined below:

1. Adultery grounds

2. A period of at least 12 months of desertion

3. Separation that is voluntary for a period of 12 months

4. Imprisonment that has lasted for a period of 3 or more years

5. Having lived separate and apart with no contact for 2 years

6. Reasons of insanity if the spouse has been hospitalized for a period of 3 years

7. Any form of cruelty

8. Excessive conduct which has been deemed to be vicious

9. No reasonable hope of reconciliation Maryland Code - Family Law Chapter - Section: 7-103

Property division factors in Maryland

As Maryland is an equitable distribution state any property that is divided by the courts, if the spouses cannot reach an amicable agreement, is shared based on being fair and just. The courts first find out what property is marital; this is then given a value and is divided equitably between the spouses. The courts consider the following factors when dividing property:

1. The contributions each of the spouses has given towards the well being of the family

2. The total value of all property belonging to the spouses

3. The economic circumstances of all parties at the time of awarding

4. Circumstances which contributed towards the decline of the marriage

5. How long the marriage lasted

6. The ages of the spouses

7. The physical and mental health of the spouses

8. How and when the property deemed to be marital was acquired.

9. Any award of alimony or other provisions

10. Any other factor that the court deems to be relevant to the case Maryland Code - Family Law Chapter - Section: 8-202, 8-203, 8-205

Issues relating to child custody

Joint or sole custody may be awarded to either of both of the spouses. However, the court will also determine child custody with the best interests of the child in mind. When considering child custody issues they will consider the following:

• The interest that each spouse has in continuing encouraging a relationship with the other parent

• The best interests of the child and what the child wants

• The health and age of the spouses

• The roles the parents have contributed towards the upbringing of the child up to date

• Grandparents visitation rights may be granted at anytime during or after the divorce

Child support factors

There are specific guidelines set out by the courts in Maryland as to child support. These are considered fair and just. However, there are factors that may be taken considered and taken into account which include:

1. The terms of any settlement agreement between the spouses

2. Any provisions for marital debts, mortgage or college expenses of the child

3. Any right to occupy the marital home, the spouse who is given custody may be given the right to remain in the marital home until the child is of a reasonable age