Maryland Divorce Laws and Resources
You can learn how to get a divorce in Maryland by using the following resources below. Here you can locate divorce lawyers and other professionals, MD divorce papers, support services, and read through the relevant divorce laws. If you need other information about getting a divorce, dealing with custody and visitation issues, or getting tips on starting over you can also check out our other divorce articles.
DIVORCE LAWYERS AND FIRMS
Law Offices of Jac E. Knust
Ellicott City, Maryland Family Law
Divorce attorney Jac E. Knust is devoted to your family-law needs. He is committed to using divorce mediation and collaborative law as alternative methods of dispute resolution.
Shah & Kishore
Rockville, Maryland
The divorce law firm of Shah & Kishore provide the highest quality of legal services for divorcing people.
Need a Divorce Lawyer?
LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free &
Confidential. You can post you legal issues with Legal Match and receive a reply
from qualified attorneys who can handle your case. Legal Match
is a good directory that empowers consumers to locate and
thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
LIFE AND DIVORCE COACHES
TawawnLowe Coaching
Brandywine, MD 20613
Areas served: Washington Metropolitan Area
Telephone: 1 (877) 544-9047
Website: www.TawawnLowe.com/
TawawnLowe Coaching provides personal development and specializes in divorce recovery. TLC uses multidisciplinary coaching approaches to simultaneously achieve emotional and personal development (transition and transformation) by creating a goal planning strategy (GPS) to navigate our clients with setting goals to achieve emotional divorce recovery and to live a life of purpose.
Coaching methods includes one-on-one coaching, teleclasses, seminars, webinars, and live events to encourage, equip and empower our clients to bounce back from the roadblocks life presents, and to live a life of purpose.
MARRIAGE RECONCILIATION HELP
Relational Harmony
Fernando Alessandri - Communication, Negotiation & Reconciliation Expert
PO Box 61
Davidsonville, MD 21035
Phone: 443-370-2606
Areas Served: Maryland, Northern Virginia, and DC
DIVORCE AND PARENTING SERVICES
Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:
Online parenting education to keep children out of the middle of divorce.
Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:
We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.
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BACKGROUND CHECKS
DIVORCE SUPPORT GROUPS
Changing Focus
1657 Crofton Parkway
Crofton, MD 21114
Telephone: 410-721-0992
Email:
Website: www.changingfocus.org
We provide education and support groups for adults going through
marital separation or divorce, or have lost their spouse by death.
We also offer help for those who wish to develop better relationship
and communication skills. Locations in Central MD (counties: Howard, Prince Georges, Baltimore)
Other Divorce Support Groups
Since different organizations host the various divorce support groups, we have assembled a page where you can search for the various services in your area by organization. You'll find support groups for adults and children alike, as well as domestic violence support groups. Just click on the link above to get started finding a support group in Maryland.
DOMESTIC VIOLENCE RESOURCES
MD Domestic Violence Advocates & Support ContactsShelters and Hotlines
MD Network Against Domestic Violence
MARYLAND DIVORCE LAW SUMMARY
Copyright Notice: The following synopsis of divorce laws for the State of Maryland is an interpretation by WomansDivorce.com of the Annotated Code of Maryland - Family Law Section regarding divorce, annulment, custody, and support. You can read the full text of the individual laws in the Code of Maryland database. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.
Maryland Residency Requirements for Divorce and Where to File:
In order to file for a divorce in Maryland, the cause for divorce must either have occurred in the state (for which there is no residency time period), or if the cause of divorce happened outside of Maryland, at least one spouse must have resided in the state for at least a year prior to filing. To file for a divorce or separation, the petition must be filed in the circuit court of the county where either spouse lives.
Maryland Annulment:
The court may grant an annulment if it determines that the marriage is void due to:
- Either party being married to someone else;
- If the marriage is between closely related persons. A person may not marry his or her parent, step-parent, grandparent, step-grandparent, child, step child, grandchild, step-grandchild, sibling, step-sibling, aunt or uncle, niece or nephew. A person also may not marry his or her spouse's close relatives.
- If either party was legally insane or could be considered incompetent to enter a marriage contract
An annulment may also be granted if the marriage would be considered voidable due to:
- Being underage as defined by being:
1) under the age of 15,
2) under the age of 16 without a parent's or guardian's consent along with proof of a current pregnancy or birth, or
3) between the ages of 16 to 17, and not having either the consent of a parent or guardian or proof of a current pregnancy or birth. - The inability to consummate the marriage;
- The marriage was entered into fraudulently or under duress;
- Either party did not understand what they were consenting to; or
- The marriage ceremony was performed by someone without the legal authority to do so.
Legal Separation in Maryland (Limited Divorce):
In Maryland, the court may grant a limited divorce based on the following grounds:
- Cruel or abusive treatment of the spouse or child;
- Abandonment by a spouse;
- Voluntary separation by the spouses without the possibility of reconciling.
The court may grant a limited divorce if there is not enough evidence to grant an absolute divorce. Issues such as property division, child custody and support, and alimony may all be determined in a limited divorce. As a condition of a limited divorce, the court may require the couple to try and reconcile the marriage. The court may grant a limited divorce for a set period of time or indefinitely. A limited divorce may be withdrawn upon the joint application of both spouses.
Grounds for Divorce in Maryland:
In order to grant an absolute divorce in Maryland, one or more of the following grounds must exist:
- Being separated for at least one year in which there has been no cohabitation between the spouses (without interruption) prior to filing;
- Infidelity;
- Willful abandonment for 12 months prior to filing for divorce with no possibility of reconciling;
- A felony conviction from any state resulting in a sentence of at least 3 years imprisonment, with at least 12 months of the sentence already served;
- Insanity of a spouse who has been confined to a mental institution for at least 3 years prior to filing without the possibility of recovery as determined by the testimony of at least 2 physicians. At least one of the spouse's needs to have been a resident of Maryland for at least 2 years prior to filing for divorce based on this ground;
- Cruel and abusive treatment towards the spouse or a child without possibility of reconciling;
If the court has previously granted a limited divorce (separation) based on desertion or abandonment, which at the time did not meet the grounds to grant an absolute divorce, then an absolute divorce may be obtained once the time requirements are met.
Special Divorce Provisions:
If there are minor children of the marriage, the court may require the parents to attend a special seminar designed to educate them on the different ways in which divorce may affect their children and how to minimize the trauma.
The court may also order either party to pay for the legal fees and expenses of the other spouse as determined by the financial resources of each spouse and if there was justification for prosecuting or defending the proceeding.
How are assets and debts divided in a Maryland divorce or annulment?
Property and debts acquired during the marriage are considered marital property and subject to division in the divorce, regardless of whose name is on the title. Separate property or debt is not divisible in the divorce and includes property and debt which was acquired before the marriage, was an inheritance or gift from a third party, is excluded by a valid agreement, or is directly traceable to separate property.
If a couple is unable to reach a mutual agreement on the division of property and debts, it will be determined by the court. When determining how the marital estate will be divided, the court will consider:
- How long the spouses have been married;
- How much each spouse contributed both monetarily and otherwise to the family's well-being;
- The assets and debts of each spouse, including how they were acquired;
- What caused the marriage to fall apart;
- How old each spouse is, as well as their physical and mental capabilities;
- Whether alimony or use of the family home will be awarded to one spouse;
- Any other factors the court considers necessary to achieve an equitable distribution of the marital estate
When awarding the family home, the court may take grant possession to the custodial parent in an effort to provide continuing stability with regards to the minor children. Towards this end, the court may order either or both spouses to pay the mortgage or expenses for the family home.
How is alimony determined in Maryland?
Spousal support may be awarded to either party in actions for annulment, separation, or divorce. When considering whether or not to award alimony, the amount, and the duration the court considers the following factors:
- How long the marriage lasted and the lifestyle that was established while married;
- How old each spouse is, as well as their physical and mental capabilities;
- The contributions of each spouse to the welfare of the family, both financially and otherwise;
- Whether the spouse seeking alimony is capable of being self-supporting;
- How long it would take for the spouse seeking alimony to receive adequate training or education in order to become employable;
- The circumstances that led to the breakup of the marriage (fault by the party seeking alimony doesn't always bar the court from awarding alimony).
- The ability of the spouse who will be paying alimony to meet his or her needs while paying spousal support;
- Whether the spouses have agreed to alimony;
- The income, assets and debts of both parties, including the right to receive retirement benefits;
- If the obligated spouse is a resident of institution (hospital, nursing home, etc.) and would become eligible for medical assistance sooner than normal due to the awarding of alimony;
The court may order the paying spouse to pay for the cost of continuing medical coverage in some circumstances. The court may also award alimony for an indefinite period in two instances: 1) if it finds that the dependent spouse is incapable of becoming self-supporting due to age or physical incapability, or 2) if there will continue to be a huge disparity between the spouses standard of living once the dependent spouse is capable of being self-supporting.
Unless agreed to otherwise, alimony ends when either spouse dies, if the receiving spouse remarries, or if continuance would lead to inequitable results.
Name Change in Maryland:
You may request the restoration of either your maiden name or a previous name in your divorce decree if you no longer wish to use your husband's last name and there are no fraudulent reasons for the name change request.
Maryland Child Custody
Unless the parents can reach a mutual agreement regarding the custody of their minor children, the court may award custody to either parent or jointly to both parents without favor given to either gender. The custody determination will be based on the best interest of the child or children and the court may appoint legal counsel to represent the needs of the child in cases where custody, visitation, or support is contested.
In making the determination of custody and visitation, the court will consider a wide range of factors including who is the primary care-giver, whether there has been evidence of abuse, the willingness of the parents to work together, the wishes of both the parents and the child regarding custody, how long a parent has been separated from the child, the possible disruption of the child's life, and any other factors the court deems relevant.
Once a child is 16, he or she can petition the court for a change in custody, which will result in a hearing to determine whether to grant the custody change or not.
Child Support in Maryland:
Child support is based on the combined incomes of both parents and the custody arrangements for the child or children. If alimony will be awarded in the case, the amount will be considered as income for the parent receiving alimony. In cases where one parent is awarded residential custody, the basic
child support guidelines shall be followed.
In cases of shared physical custody, the basic child support obligation will be split between the parents proportionately to their adjusted incomes. This amount will then be multiplied by the percentage of time the child spends with each parent to determine how much each parent would owe. The parent owing the larger amount will pay the other parent the difference.
The court will also take into consideration daycare expenses, cost of insurance or medical care, support being paid for other children, and costs of transportation for the children. Child support levels may be modified at a later date based on a substantial change in circumstances of either or both parents.
Child support shall continue until a child reaches the age of majority (18 or graduating from high school), becomes emancipated, dies, or marries. Child support may be extended if the child cannot be self-supporting due to mental or physical disability or would be considered destitute.
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