Did you know Maryland has a relatively low divorce rate compared to other states, averaging just about 1.6 per 1,000 individuals? It currently ranks 41st in the US when it comes to divorce rate.
Being familiar with Maryland divorce laws can be beneficial, whether or not you’re in the midst of divorce. Understanding the grounds for divorce in the state, the process of filing, and the mediation process can be important in achieving a favorable and less stressful dissolution of your marriage.
Let’s look into the divorce process in Maryland:
Grounds for Divorce in Maryland
When seeking a divorce in Maryland, you must establish valid grounds for the dissolution of your marriage. Maryland recognizes both fault-based and no-fault grounds for divorce. If you opt for a fault-based divorce, reasons like adultery, desertion, cruelty, a criminal conviction, or insanity must be proven.
If you choose a no-fault divorce, you and your spouse must live separately for a certain period without cohabitation, typically six months to one year. This separation is often considered voluntary separation, and you must demonstrate that there’s no hope of reconciliation between you and your spouse.
Divorce attorney Paula D. Kleinman says while every divorce is unique, it is every couple’s hope to avoid the stereotypical high-stress court battle. This is why when possible, couples should try to reconcile their differences before filing for a divorce.
Filing for Divorce
Filing for divorce in Maryland involves submitting a Complaint for Absolute Divorce form to the circuit court in the county where you or your spouse resides. This form outlines the grounds for divorce, such as no-fault separation or fault-based reasons, and includes information about child custody, support, alimony, and property division.
After filing the complaint, you must make sure that a copy is served to your spouse, who then has the opportunity to respond.
Once the necessary forms are filed and served, the court will schedule a hearing where both parties can present their case. During this process, gather all relevant documentation, such as financial records, prenuptial agreements, and any evidence supporting your claims.
If you and your spouse can reach a settlement agreement, the divorce can be finalized without a trial. If the agreement can’t be reached, the court will decide on your behalf after considering all the evidence presented.
Legal Separation Vs. Divorce
Legal separation in Maryland allows couples to live apart while addressing important issues like child custody, support, and property division without officially ending the marriage. This option provides a middle ground for those unsure about divorce or for religious or insurance reasons. While legally separated, you’re still married and can’t remarry.
Divorce terminates the marriage, allowing both parties to remarry if they choose. It involves a formal legal process, including the distribution of assets, debts, and potential spousal support. Divorce requires a final court judgment to dissolve the marriage entirely.
Divorce Mediation Process
A divorce mediation process can offer a more collaborative and cost-effective approach to resolving disputes than traditional litigation.
In mediation, you and your spouse will work with a neutral third party, the mediator, who’ll help facilitate discussions and negotiations to reach mutually acceptable agreements. This process allows you both to have more control over the outcome and encourages open communication to find solutions that meet both of your needs.
During mediation, you can address various aspects of your divorce. The mediator will guide you through these discussions, helping you explore options and consider compromises. Unlike in court, where a judge makes decisions for you, in mediation, you can craft agreements tailored to your unique situation.
Division of Assets and Liabilities
When dividing assets and liabilities during a divorce in Maryland, you must assess all financial aspects thoroughly to have a fair and equitable distribution. You can do this by creating a comprehensive inventory of all marital property, including real estate, vehicles, bank accounts, investments, and personal belongings acquired during the marriage.
Maryland follows the principle of equitable distribution, that assets and debts will be divided fairly but not necessarily equally. Factors such as the length of the marriage, each spouse’s contributions, and their financial circumstances will influence the division.
Debts accumulated during the marriage, such as mortgages, credit card balances, and loans, should also be addressed. In some cases, spouses may agree on how they divide these responsibilities, while in others, the court may intervene to ensure a just outcome. Seeking the guidance of a skilled attorney or financial advisor can help handle this process and protect your interests during the asset and liability division.
Overall, getting a divorce in Maryland involves several key steps. It’s important to seek legal guidance throughout the process to guarantee your rights are protected and the proceedings go smoothly.
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