Ground for Divorce in Maryland

Absolute Divorce

There are eight grounds for an absolute divorce in Maryland. An Absolute Divorce ends the marital relationship completely.

1. Adultery;
2. Desertion for a period of 12 months;
3. Cruelty of treatment towards one’s spouse or the minor child of the spouse, if there is no reasonable expectation of reconciliation;
4. Excessively Vicious Conduct towards one’s spouse or the minor child of the spouse, if there is no reasonable expectation of reconciliation;
5. Insanity where the insane spouse has been confined to a mental institution for three years prior to the filing of complaint for divorce; and
6. Conviction of a felony or misdemeanor in any court where the convicted spouse has been sentenced to serve at least 3 years in a penal institution and at the time of the filing for divorce has already served 12 months of the sentence.
7. One-year mutual and voluntary separation; and
8. Two-year separation.

Limited Divorce

There are four grounds for a Limited Divorce in Maryland. A Limited Divorce grants a spouse the right to live separate from their spouse, but does not end the legal marital relationship. Accordingly, spouses are not free to remarry upon the entry of a limited divorce.

1. Cruelty of treatment towards one’s spouse or the minor child of the spouse;
2. Excessively Vicious Conduct towards one’s spouse or the minor child of the spouse;
3. Desertion; and
4. Voluntary Separation of the parties and there is no expectation of reconciliation.


If you are considering a divorce, call the Law Office of Kimberly T. Arn at 240-345-2015 or send an email to kta@kimberlyarnlaw.com. During your free initial telephone consultation, we will take the time to answer your questions and give you the advice you need to decide how to move forward in your family law matter.

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FAQs

What is the difference between a limited and absolute divorce?

A limited divorce is analogous to a legal separation. In a limited divorce action, the court has the authority to make orders regarding custody of children, child support, spousal support and use and possession of the marital home and property. However, the parties remain legally married although living apart. Alternatively, an absolute divorce ends the marital relationship and when granting an absolute divorce the court has the additional authority to divide marital property.

How long does a divorce take?

It depends. However, the case management protocols of the Maryland courts are designed to have a case closed within one year after its initial filing.

What are the basic steps involved in litigating a divorce case?

The first step is the filing of a complaint for divorce in the Circuit Court. Once the complaint is processed by the clerk, it must then be served on the other party with a writ of summons. The other party will have 30 days to file an answer and another 30 days to file a counter-complaint. Approximately 30-60 days after the Answer is filed the court will set a scheduling conference where the parties appear with their attorneys and make arrangements for certain services and set dates for various deadlines in the case. A settlement conference date will also be set where the parties and their attorneys will meet with a retired judge and try to settle the case. If the case does not settle at the settlement conference, a trial date will then be scheduled.

If I am thinking about divorcing my spouse in the future, what can I do now to prepare myself?

Consult with an attorney. A one hour consultation with an attorney can provide you with invaluable information that can assist you in protecting your rights and preparing yourself for a divorce or separation.

What is required to prove adultery in Maryland?

In order to prove adultery in Maryland you must be able to show that your spouse had a predisposition to have sex with another person (i.e. love letters, witness to their kissing) and that your spouse had an opportunity to have sex with that other person.

What is discovery?

Discovery is the process whereby each party gathers evidence to prepare their case for trial. It usually includes serving the other party with Interrogatories and Requests for Production of Documents. Interrogatories are a set of questions that the other party is required to answer. Requests for Production of Documents are simply that, requests that the other party produce specified documents to the requesting party. Discovery may also include a deposition of the other party or third persons, and it may include sending subpoenas for documents to be produced by third parties.

What is a pendente lite hearing?

A pendente lite hearing is a short hearing scheduled relatively early in a case that permits parties to seek temporary orders regarding custody, child support, spousal support and use and possession of the family home and family use property.

What is Mediation?

Mediation is a dispute resolution process whereby the parties engage a third-party neutral to facilitate communications between them with the goal of resolving their dispute. The third-party neutral is called a mediator.

What is a Collaborative Divorce?

A collaborative divorce is a dispute resolution process that allows spouses to resolve their disputes in a respectful way, without going to court. Each party will have the support of legal, mental health and financial professionals in developing acceptable settlements.

How much will my divorce cost?

It depends. The cost of a divorce is dependent on a number of factors which include: the process you choose to pursue your divorce (negotiations, mediation, collaborative law, litigation), the number of issues in involved (grounds for divorce, custody, support, distribution of property), the attorney you choose if you have one, and the level of conflict between you and the other party.

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