Frequently Asked Questions
About Maryland Divorce
- Are There any Residency Requirements that Have to be Met before I Can File for a Divorce in Maryland?
- Where Do You File Your Complaint for Divorce?
- What Is The Difference Between A Limited Divorce And Absolute Divorce?
- Do I Need "Grounds" for an Absolute or Limited Divorce?
- What are the Grounds for Absolute Divorce?
- What are the Grounds for Limited Divorce?
- What is a Separation?
- What is a Civil-Domestic Case Information Report?
- What is a Personal Financial Statement?
- What is a Joint Statement of Parties Concerning Marital and Non-marital Property?
- What Is Marital Property?
- What are the Child Support Guidelines?
- How Long Will It Take to Get a Divorce?
- How Long Must I Wait Until I File for Either an Absolute or Limited Divorce?
- What Happens if the Defending Spouse Doesn’t File and Answer?
- What is Discovery?
- What is a Status Conference?
- What is Mediation?
- What are the Benefits of Mediation?
- What is a Settlement Conference?
- Who is a Master?
- What is a Master’s Hearing?
- What is Pendente Lite Relief?
- What is a Motion?
- What is a Motions Hearing?
Are There any Residency Requirements that Have to be Met before I Can File for a Divorce in Maryland?
You must meet residency requirements to file for a divorce in Maryland. Generally you must be a Maryland resident for one year unless you are new to the State and the grounds for divorce arose after you moved here. There are further restrictions if the grounds are based on insanity.
Return to TopWhere Do You File Your Complaint for Divorce?
A Complaint for Divorce is filed in a Circuit Court. The Complaint for Divorce may be filed in the Circuit Court wherever your spouse carries on a regular business, is employed, or habitually engages in a vocation. In addition, the Complaint for Divorce may be filed at the Circuit Court in the county where you live.
Return to TopWhat Is The Difference Between A Limited Divorce And Absolute Divorce?
A “Limited Divorce” is one from bed and board; it grants unto the injured spouse the right to live separate and apart from the one at fault, but the parties remain man and wife, and there is no severance of the marital bonds.
An “Absolute Divorce” affects a complete severance of the marital bond and entitles either of the parties, or both, to remarry.
Return to TopDo I Need "Grounds" for an Absolute or Limited Divorce?
If you file your divorce case in Maryland, your Complaint for Divorce must state the grounds on which the court may grant your divorce. The grounds for divorce are statutory and you must prove your grounds for divorce with evidence or testimony. If you cannot support your grounds for divorce, the court may dismiss your divorce case.
Return to TopWhat are the Grounds for Absolute Divorce?
The grounds for an absolute divorce are (1) adultery, (2) desertion, (3) voluntary separation, (4) conviction of a felony or misdemeanor if spouse has been sentenced to serve at least 3 years and has served 12 months of sentence, (5) two-year separation, (6) insanity if the insane spouse has been institutionalized for at least three years; (7) cruelty of treatment; and (8) excessively vicious conduct..
Return to TopWhat are the Grounds for Limited Divorce?
The grounds for a limited divorce (legal separation) are: (1) cruelty of treatment, (2) excessively vicious conduct; (3) desertion; and (4) voluntary separation.
Return to TopWhat is a Separation?
In Maryland, whether or not a couple is separated is a question of fact. If you and your spouse are not having sexual relations and are not sleeping in the same residence, then you are separated. A legal separation typically means that you and your spouse have settled all of your marital property rights, alimony claims, and other issues and signed a written separation agreement, but that you have not been granted a divorce by a court.
Return to TopWhat is a Civil-Domestic Case Information Report?
A form filed with the court that gives basic information about the parties.
Return to TopWhat is a Personal Financial Statement?
A personal financial statement is a statement showing your income, assets, and liabilities.
Return to TopWhat is a Joint Statement of Parties Concerning Marital and Non-marital Property?
A joint statement filed by both parties listing all of the assets that they hold either separately or together, stating the value of the assets, and whether these assets are marital, non-marital, or mixed marital property. If the existence, characterization, or value of the asset is disputed, each party states their claim with reference to the specific asset.
Return to TopWhat Is Marital Property?
In its basic form, marital property includes all assets acquired by either or both of the parties, regardless of how the asset is titled, during the course of the marriage, unless excluded by agreement, obtained through gift or inheritance. This can be a rather complex issue and you should speak with your attorney regarding specific assets.
Return to TopWhat are the Child Support Guidelines?
Child support guidelines are statutory guidelines for the amount of child support that the court should order under a specific set of circumstances. The amount of support designated by the guidelines is presumed to be correct.
Return to TopHow Long Will It Take to Get a Divorce?
This depends upon whether you are separated, and if so, the length of the separation, and the grounds for divorce. Getting a divorce can be a lengthy process. There are statutory time frames which must be met.
Return to TopHow Long Must I Wait Until I File for Either an Absolute or Limited Divorce?
There is no waiting period for filing an absolute divorce on grounds of adultery or cruelty. You can also obtain an absolute divorce if you have already been mutually and voluntarily separated for 12 months and there is no hope or expectation of reconciliation. Mutual and voluntary means that both parties agreed to separate, that they did so without any coercion or threat, and that they intended to end their marriage. You can also obtain an absolute divorce if you have been separated for any reason for at least 24 months.
You can file for a limited divorce while you are waiting to meet the statutory time frames.
You can file for custody, visitation and child support at any time.
Return to TopWhat Happens if the Defending Spouse Doesn’t File and Answer?
You can ask the court to enter a default judgment. If granted, the default judgment notifies the defending spouse that unless he or she acts to vacate the judgment the court will go forward without his or her presence required.
Return to TopWhat is Discovery?
Discovery is that part of the litigation in which the other side is allowed to obtain information about your case and vice versa. Discovery can take five different formats.
1. Interrogatories are written questions directed to a party that must be answered under oath and in writing. Interrogatories are limited to parties. You cannot ask more than 30 interrogatories without permission of the court. During the course of the litigation, answers to interrogatories have to be supplemented if there is new, different or additional information.
2. A request for production of documents is a written request to the other party to produce documents for inspection and copying. Unlike interrogatories, there is no limit to the number of documents requested, or the number of requests that can be made. Requests for production of documents are similar to interrogatories in that the document production has to be updated as additional documents are obtained.
3. A deposition is a process whereby an individual is examined orally under oath. The questions and answers are recorded. All parties and counsel are permitted to be present during a deposition and counsel for both parties is allowed to ask questions. Unlike interrogatories, a deposition is not limited to parties and does not have to be updated.
4. A request for admission of facts and genuineness of documents asks that the party to whom the request is directed admit or deny the truth of relevant matters or that certain documents are accurate.
5. A request for a mental or physical examination of a party asks the court to order that a party submit to a mental or physical examination. In the context of a child custody case, a party will often ask that an independent psychologist be appointed in order to examine both parties and the minor children in order to give a recommendation on custody to the court.
Return to TopWhat is a Status Conference?
A status conference is a meeting between the court and counsel to determine the status of the case.
Return to TopWhat is Mediation?
Mediation is a process whereby both parties meet in front of a neutral third party who is skilled in negotiating settlements between parties to a divorce. The court may order mediation, especially if custody is at issue.
Return to TopWhat are the Benefits of Mediation?
Something that is agreed upon by the parties is almost always better than something that is ordered by the court. If successful, mediation saves time and money, but more over its spares the litigants from having to undergo protracted litigation. Also, there are many instances when an attorney is a bar to settlement. In these instances, mediation can help.
Return to TopWhat is a Settlement Conference?
A settlement conference is a meeting between the court, counsel and the parties to a divorce. During this meeting the Court will attempt to settle the case based upon the representation of the parties and information obtained in discovery. This is important because it gives the parties the benefit of how a court could see the case and might possibly rule. The judge who conducts the settlement conference will not hear the case.
Return to TopWho is a Master?
A master is somebody designated by the court to hear testimony, make findings of fact based upon the testimony and make a recommendation to the judge regarding the decision that should be rendered. If either party disagrees with the recommendation of the master then they have the right to ask for a ruling by a judge. If neither party objects to the recommendation of the master then the court will adopt the master's recommendation and issue a court order.
Return to TopWhat is a Master’s Hearing?
A Masters hearing is a hearing held before a master for domestic relations that generally deals with pendente lite relief, or uncontested divorces.
Return to TopWhat is Pendente Lite Relief?
Pendente Lite relief is temporary relief pending a final hearing and decision by the court.
Return to TopWhat is a Motion?
A motion is a formal request made to the court that asks for either pendente lite relief, or for a ruling on any matter, such as discovery issues.
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