Absolute Divorce in Maryland

There are two types of divorce in Maryland: absolute divorce and limited divorce. An absolute divorce finally ends the marriage, ends all property claims and permits remarriage. A limited divorce does not end the marriage and does not allow remarriage. But it offers support and legalizes the separation.

A limited divorce is Maryland’s form of legal separation. If you are applying for an absolute divorce, you must have reasons or a basis on which the judge can grant it, and our Maryland Absolute Divorce Lawyers can provide you with more information.

There are seven (7) reasons in Maryland: One (1) year separation; Desertion; Conviction of a crime or detention offense; Madness; Adultery; Cruelty; Excessively malicious behavior. The most common basis for divorce in Maryland is a year-long separation.

This is the only reason for divorce in Maryland. For this reason to apply, you must provide the judge with evidence that you and your spouse have lived separately and without cohabitation for at least one year before you apply for a divorce. In general, the term “living separately and separated” was interpreted very strictly by the Maryland Courts.

Even if the parties lived in separate bedrooms in the same house, the courts still interpreted it as not living separate and separate. In addition, it should be noted that after the separation, if the parties spend even one night together under one roof, the clock starts again. Desertion is the unjustified separation of one spouse from another with the intention of ending the marriage. Desertion can be factual or constructive.

Actual desertion is when a spouse physically moves out of the home or physically leaves the marriage. Constructive desertion occurs when the actions and behaviour of a spouse make it impossible to continue the marriage, and therefore the party who leaves the marriage is entitled to leave the marriage.

The deserter is the one whose actions have made it impossible to continue the marriage, not the one who leaves. Because of the desertion, you and your spouse must be separated for a year before you can file for a divorce. In order to prove madness as the reason for the absolute divorce, the party must demonstrate that their spouse had been detained in a psychiatric institution or hospital for at least three (3) years prior to filing for divorce, and the judge must hear at least two testimonies (2) Doctors who are competent in psychiatry that the madness is incurable and there is no hope of recovery. In order to get a divorce because your spouse has been convicted of a crime or offense, the party must demonstrate that her spouse has been convicted of a crime or offense in any state and has been sentenced to at least three (3) years in prison; and has at least This sentence was served twelve (12) months before the divorce was filed. With the other three (3) reasons for absolute divorce, adultery, cruelty-free treatment, and excessive malice, the parties do not have to be separated for one (1) year before filing for divorce. If you can show that your spouse commits adultery, the court will rule on the absolute divorce regardless of how long you and your spouse have lived separately and separately.

To prove adultery, you have to show two things: 1) your spouse has had the opportunity to cheat and 2) the propensity or propensity to defraud. The other two grounds for divorce, according to which you and your spouse do not have to be separated one year before the filing, are cruelty to treatment and excessively malicious behaviour. These two reasons go together. They allow a person to apply for divorce if they have suffered physical or mental damage from their spouse and there is no reasonable expectation of reconciliation. To prove these two (2) reasons, you must demonstrate to the judge that the cruel treatment and / or malicious behavior of your spouse is endangering your life and health or the life and health of a minor child. One final thing to consider before filing for an absolute divorce in Maryland is the residence requirement. Before filing for divorce, one of the parties must have lived in the state of Maryland for at least one (1) year. The exception to this rule is when divorce reasons occurred in Maryland. This means that if the reason for the divorce is in Maryland, you need not have lived in Maryland for a year before filing. Our absolute divorce lawyer in Maryland knows that this is a very stressful time for you and your family. Regardless of your special circumstances, our team will help you navigate through the legal system and make this time as stress-free as possible.