Friday, May 14, 2010

The Top 5 Maryland Divorce Questions

Does Maryland require a waiting period prior to filing for divorce?

In order to receive an absolute divorce (legalese for an actual divorce granted by the courts) in the state of Maryland, a couple must have been separated for at least twelve months. The only exceptions to this rule are if the divorce is based on grounds of adultery or cruelty.

Since the divorce courts are so backed up, couples are encouraged to file for a limited divorce which allows spouses to be granted temporary support while "getting in line" for a court date in order to receive an absolute divorce.

How does the state of Maryland define legal separation?

Legal separation is when a married couple has not been living under the same roof or at the same residence for at least year and has refrained from sexual relations throughout that time. For many couples, legal separation means they have a signed a separation agreement, or a contract which settles matters such as property rights, alimony claims, child custody, but they have yet to obtain an absolute divorce.

What are the grounds for divorce recognized in the state?

The state of Maryland recognizes adultery, cruelty, desertion, and vicious conduct as "fault" grounds for divorce.

Are "no-fault" divorces recognized in Maryland?

Under Maryland family law, there are two types of divorce that can be classified as "no-fault". First, after one year of mutual and voluntary separation, either spouse can receive an absolute divorce. This means both individuals must have agreed to separate and there is no hope of reconciliation. Second, after two years of separation for any reason, either spouse can receive an absolute divorce.

What are the best ways to find a divorce lawyer in Maryland?

The most credible referrals for divorce lawyers tend to be personal ones from family members, friends, and even other legal professionals. Another great source is the Maryland State Bar Association, which offers the public lawyer referral services through each county.

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