Absolute Divorce is the legal term for dissolution of marriage in Maryland.
Residency Requirement:
If the grounds for the divorce occurred outside Maryland, one of the parties must have resided in Maryland for at least one year before filing. If the grounds for divorce occurred within the state, there are no residency requirements, other than at least one spouse must live in the state of Maryland.
However, there is an exception if the ground alleged is insanity; where one of the parties must have been a resident of Maryland for at least two years prior to filing.
Filing:.
The Complaint for Absolute Divorce may be filed in a circuit court in the county where the Plaintiff (filing party) resides or where the Defendant (non-filing party) resides or works. Every document submitted to the court must also be served on the defendant.
If the defendant was served in Maryland, they have 30 days to file an answer, 60 days if they were served elsewhere, and 90 days if they were served outside of the United States. S. The Plaintiff may request an uncontested hearing from the Clerk of Court in writing if the Defendant files an answer that concurs with the allegations in the Complaint.
The Plaintiff may submit a Request for Order of Default if the deadline for the Defendant to submit an Answer has passed and no Answer has been received. Uncontested hearing scheduling is then possible if the judge signs the Order.
Name of spouse:
If either of the following is true, the court must change a party's name when granting an absolute divorce to either the name given to the party at birth or any other prior name the party chooses to use.
When they got married, they changed their names, and they no longer want to use them.
The party requests a name change; and.
There are no unethical, dishonest, or illegal goals for the party.
Legal Justifications for Divorce.
In Maryland, a judge may grant an uncontested divorce on the basis of:
1. Adultery; desertion that is deliberate and final, that was unbroken for 12 months prior to filing, and for which there is no reasonable expectation of reconcil
voluntary separation in which there is no realistic expectation of reunification and the parties have lived apart from one another without cohabiting for a continuous period of 12 months prior to filing.
Dot Conviction of a felony or misdemeanor in any state or in any court of the U.S. S. if the defendant had completed the first 12 months of a sentence of at least three years or an indefinite term in a penal institution prior to filing;
Two-year separation, defined as when the parties had uninterruptedly lived apart from one another for two years prior to the filing of the complaint.
6. Insanity: If the insane spouse was institutionalized in a mental facility, hospital, or other setting for at least three years prior to filing, the court finds that the insanity is incurable and that there is no chance of recovery based on the testimony of at least two doctors, and one of the parties had resided in Maryland for at least two years prior to filing for divorce;
7. if there isn't a realistic chance of resolving the issue, cruelty to the complaining party or a minor child of that party; or.
8. if there is no reasonable expectation of reconciliation, excessively abusive behavior toward the complaining party or a minor child of the complaining party.
If a party obtained a limited divorce on the grounds of desertion but the grounds for an absolute divorce were not met at the time, the party may later obtain an absolute divorce on the grounds of desertion once the grounds are met.
For a court to grant a divorce, the testimony of the party seeking the divorce must be corroborated (confirmed).
Neither of the following, taken separately, constitutes a defense to or a hindrance to divorce.
a spouse's unaccepted offer of reconciliation; or.
a spouse's failed attempt at reconciliation.
A divorce cannot be granted on the basis of either rejection or refusal.
Annulment.
Any marriage that occurs within the first degree of collateral consanguinity or within three degrees of direct lineal consanguinity is forbidden and invalid.
The grandmother, mother, daughter, sister, or granddaughter of a man may not be married.
Women are not permitted to wed their grandfathers, fathers, sons, brothers, or grandsons.
Men are not permitted to wed their grandfather's wife, wife's grandmother, father's, mother's, stepmother's, wife's mother, wife's daughter, son's wife, grandson's wife, wife's granddaughter, brother's, or sister's daughter.
The husbands of a woman's grandmother, husband's grandfather, father, stepfather, mother, husband's son, daughter, grandson, brother, sister, or granddaughter are all prohibited from union.
Incompatible unions:
A minor who is 16 or 17 years old cannot marry without the permission of their parents or guardians, who must also swear that they are at least 16 years old.
A person under the age of 15 is not permitted to get married unless they have a parent or guardian's permission and both parties present the clerk with documentation from a licensed doctor or certified nurse practitioner proving that the minor is expecting or has just given birth.
Marriage is not permitted for minors under the age of 15.
Property division.
Any disagreement between the parties regarding who is the rightful owner of personal property may be settled by the court when it grants an annulment or a limited or absolute divorce. Any disagreement between the parties regarding who is the rightful owner of real property may be settled by the court when it grants an annulment or an absolute divorce.
With the following exception, the court may not typically change one party's ownership of another party's personal or real property.
The court may transfer ownership of an interest in a pension, retirement, profit-sharing, or deferred compensation plan from one party to either or both parties; family use personal property from one party to either or both parties; subject to the approval of any lien-holders; and subject to the terms of any lien, real property jointly owned by the parties and used as the parties' primary residence when they lived together.
When the court decides who is the rightful owner of personal or real property, the court may issue a decree outlining each party's ownership interest and, in the case of any property jointly owned by the parties, may also order a sale in lieu of partition and a division of the proceeds.
According to Maryland law, all property acquired by one or both parties during the marriage, regardless of its title, is considered marital property. If there isn't a valid agreement excluding the real estate, it includes any interest in real estate held by the parties as tenants by the entirety.
Property acquired prior to the marriage, acquired as a result of an inheritance or gift from a third party, excluded by a valid agreement, or directly attributable to any of these sources is not considered marital property, with the exception of what is stated above.
Due to Maryland's equitable distribution laws, the division of marital property will be fair and equitable, though not always equal. Whether or not alimony is granted, the court may adjust the equities of the parties regarding marital property by transferring ownership of an interest in property, awarding money, or both after determining which property is marital property and its value.
After taking into account each of the following factors, the court will decide on the sum and method of payment of a monetary award, the conditions of the transfer of an interest in property, or both.
the monetary and intangible contributions made by each party to the family's well-being.
the total market value of each party's property interests;
The parties' respective economic situations at the time the award is to be made;
the circumstances that led to the parties' estrangement;
the duration of the marriage;
each party's age;
the state of each party's physical and mental health.
How and when specific marital property or interests in property were acquired, including the effort put forth by each party to amass the marital property, the interests in property, or both;
the contribution of non-marital assets by one party to the purchase of real estate held by the parties as tenants by the entirety;
An alimony award as well as any other decisions the court has made regarding the family home or any other personal property used for family purposes.
A fair and equitable monetary award or transfer of a property interest must take into account all relevant circumstances, as determined by the court. This includes any additional factors that may be relevant.
Alimony.
As part of a decree that grants an annulment, a limited divorce, or an absolute divorce, the court may order alimony for either party.
The court may award alimony or alimony pendent lite if the bill of complaint for a limited or absolute divorce requests alimony and claims that the defendant owns property in the State but lacks or is unable to exercise personal jurisdiction over the defendant.
Pending the litigation is referred to as pendente lite. When the court grants alimony pendent lite, it means that the support will only be provided while the divorce case is pending in court or while the parties to a lawsuit negotiate a settlement.
The property mentioned in the bill of complaint or the proceeds of that property are the only sources from which the alimony or alimony pendente lite that is granted in this case may be paid. To make the award effective, the court may issue any order relating to the property.
The court shall take into account all necessary factors for a fair and equitable award, including the following, when determining the amount and duration of an award of alimony.
the capacity of the requesting party to support itself either fully or partially.
the amount of time required for the party requesting alimony to complete the necessary education or training to enable them to find suitable employment.
the lifestyle the parties decided upon during their marriage;
the marriage's duration;
the monetary and intangible contributions made by each party to the family's well-being.
the events that contributed to the parties' estrangement;
each party's age;
the state of each party's body and mind.
the capacity of the party paying to meet his or her needs while also satisfying those of the party requesting;
Any understanding between the parties;.
The needs and resources for each party's finances, including all sources of income and assets, any distribution of marital property, the type and size of each party's financial obligations, and the right to retirement benefits for each party;
Whether the award would make a spouse who is a resident of a related institution and who is seeking alimony eligible for medical aid sooner than would be the case otherwise.
If the court determines that the requesting party cannot reasonably be expected to make significant progress toward becoming self-supporting due to age, illness, infirmity, or disability, or even after the requesting party will have made as much progress toward becoming self-supporting as can reasonably be expected, the court may award alimony for an indefinite period.
The court may still grant alimony to the party who is seeking it, even if there is a divorce ground against that party.
The court must abide by an agreement between the parties that addresses alimony if a final decision regarding it has been made in that agreement.
The Final Verdict.
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