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Maryland Divorce Law Summary of Topics:
Introduction
Maryland divorce law governs the legal dissolution of marriages regarding the division and distribution of marital property, child custody, and spousal support.
This summary of Maryland divorce law is not intended to substitute for obtaining timely legal advice from an experienced divorce lawyer in your area.
Our objective is to provide you with a starting point for obtaining additional information based on your specific situation and goals.
This summary provides information on the following divorce issues and processes:
- Residency Requirement
- Legal Grounds For Divorce
- Legal Separation
- Property Division
- Alimony – Spousal Support
- Child Custody
- Child Support
- Legal Name Change
Residency Requirement
A spouse may file for divorce in Maryland if you or your spouse is a Maryland resident. If the grounds for divorce happened outside of Maryland, one of you must have been a Maryland resident for at least six months at the time of filing.
Legal Grounds for Divorce
There are two basic grounds for divorce in Maryland: No-Fault and Fault-Based.
No-Fault Grounds:
Mutual consent is the simplest and often quickest path to divorce. It requires both parties to agree to the divorce and to have lived separately and apart for 12 months before filing the divorce complaint.
One-Year Separation: If one spouse wants a divorce and the couple has lived separately and apart continuously and uninterruptedly for 12 months, the divorce can be granted even if the other spouse doesn’t consent.
Fault-Based Grounds:
Fault-based divorces require proving specific grounds, which can be more complex and time-consuming. They can also have implications when it is time to determine alimony.
The fault-based grounds in Maryland include the following:
- Adultery
- Desertion for at least one year before filing
- Voluntary separation for at least one year before filing
- 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 sentence
- Living separate and apart for at least two years
- Insanity
- Cruelty or domestic violence against the petitioner or a minor child of the complaining partner
Legal Separation
In Maryland, there is no such thing as a legal separation. If you and your spouse live separate lives for at least six months, you can file for divorce based on the grounds of a “6-month separation.”
Property Division
Maryland is an equitable distribution state, meaning that if the spouses can’t reach an agreement, the court may divide the marital estate based on equitable principles.
When determining the division of the marital estate, the court may consider the following factors:
- The contributions of each party to the marital estate, both monetary and nonmonetary
- The value of all property of each party
- The economic circumstances of each party
- Misconduct that led to the estrangement of the parties
- The duration of the marriage
- The age and physical or mental condition of each of the parties
- How the marital property was acquired
- The amount of alimony awarded
- Any other factors that the court deems relevant
Alimony – Spousal Support
Alimony may be awarded to either spouse, with the court considering the following factors when determining a fair and equitable award:
- The time necessary to gain sufficient education or training to enable that party to find suitable employment
- The duration and standard of living established during the marriage
- The contributions, monetary and nonmonetary, of each party to the well-being of the family
- The circumstances that contributed to the estrangement of the parties
- The age and physical or mental condition of each party
- The ability of the party from whom alimony is sought to meet their needs while paying alimony
- The agreement between the parties
- The financial needs and financial resources of each party
- The ability of the party seeking alimony to be wholly or partly self-supporting
Child Custody
Maryland courts prioritize the best interests of the child when determining custody arrangements. They consider various factors to create a parenting plan for the child’s physical, emotional, and developmental needs.
Two Types of Custody
Maryland law distinguishes between two types of custody:
Legal Custody: This refers to the right to make major decisions regarding the child’s upbringing, including education, religion, and medical care. Legal custody can be joint (shared by both parents) or sole (granted to only one parent).
Physical Custody: This refers to where the child lives. The parent with primary physical custody is the child’s primary residence, while the other parent typically has visitation rights. Like legal custody, physical custody can be joint or sole.
Factors Considered in Determining Custody:
Maryland courts consider numerous factors when determining the best interests of the child, including:
- Fitness of each parent: This includes factors like the parent’s physical and mental health, stability, and ability to provide a safe and nurturing environment.
- Character and reputation of each parent: This can include past behavior, criminal history, and any evidence of substance abuse.
- Potential for domestic violence: The court will consider any history of domestic violence or abuse within the family.
- Child’s preference: Depending on the child’s age and maturity, the court may consider the child’s wishes regarding custody. However, the court is not bound by the child’s preference.
- Financial Stability of each parent.
- Age, health, and sex of the child: The court will consider the child’s specific needs based on their age, health, and gender.
- Residences of parents and opportunity for visitation: The court aims to create a parenting plan that allows the child to maintain a meaningful relationship with both parents, considering the geographical distance between their homes.
- Length of time the child has lived in a stable environment.
- Relationship between the child and each parent: The court considers the bond between the child and each parent and each parent’s ability to foster a positive relationship.
- Willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent: The court favors parents who encourage the child’s relationship with the other parent. Parental alienation is viewed negatively.
- Any other factor the court deems necessary and relevant.
Child Support
The level of child support is based on the Income Shares Model, meaning both parents’ incomes are combined to determine the amount of support. The primary child support obligation is then divided between the parents in proportion to their adjusted actual incomes.
The Maryland Support and Calculation Guidelines may deviate from 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 to whom that parent is directly contributing
Legal Change of Spouse
Maryland divorce courts handle spouse name changes as part of the overall divorce process. A spouse can request to resume a former name (typically a maiden name or a prior married name) as part of the divorce decree.
Watch Maryland Divorce Lawyer Christy Zlakus Explains Grounds, Custody, and Property Division in a Maryland Divorce:
Sources and References
Cornell Law Information Institute – Divorce
