Maryland No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts
Notes: This summary is not intended to be
an all-inclusive summary of the laws of divorce in the State of Maryland,
but does contain basic and other procedures.
Grounds for divorce
The courts in Maryland will grant an absolute divorce on the following
grounds:
1. Adultery;
2. Deliberate desertion for one year with no reasonable expectation
of reconciliation;
3. Voluntarily living separate and apart without cohabitation for
one year with no reasonable expectation of reconciliation;
4. Conviction of a felony;
5. Living separate and apart for two years without cohabitation;
6. Insanity of one of the parties;
7. Excessive cruelty or vicious conduct. ACM 7-103
Residency requirements
If the grounds for divorce occurred outside of the State of Maryland,
at least one of the parties to the divorce must have resided in Maryland
for at least one year immediately prior to the filing of the action.
AMC 7-101
Name of court and title of action/parties
An action for divorce filed in the State of Maryland is filed in
the Circuit Court. The title of the action initiating the
divorce is a Bill for Divorce, while the title of the action granting
the divorce is referred to as the Decree of Divorce. The party
who initiates the action for divorce is referred to as the Plaintiff,
while the other party to the action is referred to as the Defendant.
Legal separation
Legal separation in Maryland is referred to as a Limited Divorce.
The courts will grant a judgment of Limited Divorce for the following reasons:
1. Cruelty of treatment or excessively vicious conduct;
2. Desertion;
3. Voluntarily living separate and apart with no reasonable prospect
of reconciliation.
The parties may be required to participate in good faith in reconciliation
efforts prescribed by the court. ACM 7-102
Mediation
Mediation may be required by the court when a limited divorce is
sought. Additionally, if custody is a disputed issue, the court may
also require mediation. ACM 7-102
Alimony
Alimony may be awarded to either spouse. In making a determination
as to the amount and period of alimony, the court may consider the following
factors:
1. The ability of the party seeking alimony to be wholly or partly
self-supporting;
2. The time necessary for the party seeking alimony to gain sufficient
knowledge or training to find suitable employment;
3. The standard of living of the parties established during the
marriage;
4. The duration of the marriage;
5. The contributions of each party to the well-being of the family;
6. The circumstances of the demise of the relationship;
7. The age and physical and mental condition of each party;
8. Any agreement between the parties;
9. The financial needs and resources of the parties;
10.The ability of the party from whom alimony is sought to meet
that party's needs while meeting the needs of the party seeking alimony;
11. Any other relevant factor.
ACM 11-106
Distribution of property
Maryland is an equitable distribution state in which the court
will divide the marital property between the parties as the court deems
equitable and just, after setting aside to each spouse that party's separate
property. Factors the court will consider in distributing the marital
property between the parties include:
1. The contributions, monetary and non-monetary, of each party to the family's well-being;
2. The value of each party's property interests;
3. The economic circumstances of each party;
4. The duration of the marriage;
5. The age and physical and mental condition of each party;
6. The circumstances that contributed to the estrangement of the parties;
6. Any other factor the court deems relevant and just.
ACM 8-205
(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property
(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
ACM 8-207
Child Custody
The court will determine the issue of custody based upon the best
interests of the child. ACM 8-207
In exercising its jurisdiction over the custody, guardianship, visitation, or support of a child, an equity court may:
(1) direct who shall have the custody or guardianship of a child, pendente lite or permanently;
(2) determine who shall have visitation rights to a child;
(3) decide who shall be charged with the support of the child, pendente lite or permanently;
(4) from time to time, set aside or modify its decree or order concerning the child; or
(5) issue an injunction to protect a party to the action from physical harm or harassment.
This section does not take away or impair the jurisdiction of a juvenile court or a criminal court with respect to the custody, guardianship, visitation, and support of a child.
ACM 1-201
Child support
Maryland has enacted child support guidelines which establish the
presumptive correct amount of child support. This presumption may
be rebutted by evidence that the application of the guidelines would be
unjust or inappropriate under the circumstances. If the court determines
that application of the guidelines would be unjust or inappropriate, the
court shall make a written finding on the record stating the reasons for
deviating from the guidelines and stating what the amount would have been
under the guidelines. ACM 12-202
Name change
The court upon the granting of a divorce may change the name of
a party to that party's former or maiden name so long as the reason the
party is seeking the name change is not illegal, fraudulent, or immoral.
ACM 7-105
