Towson Divorce Lawyer | Grounds For Divorce.
The Anatomy of the Maryland Divorce
These are the most common of grounds for absolute divorce in Maryland, which are stated in §7-103 of the Maryland Family Law Article. The grounds for divorce must be properly stated in the complaint and/or counterclaim and established with evidence presented at a divorce hearing. In order for the court to have jurisdiction over your divorce claim, one of the parties must be a Maryland Resident.
Adultery =- MD Code, Family Law §7-103(a)(1)
- No minimum separation period
- Sex between a married person and somebody who is not his/her spouse.
- Usually proved using circumstantial evidence
- Needs evidence they had an opportunity/time to do it, i.e. an unidentified vehicle is parked overnight where your separate spouse resides can arguably satisfy this threshold according to case some case law.
- Needs evidence they were intimate and disposed to do it.
- For example, holding hands in public.
- Can happen while people are “separated.”
- The requirements for adultery are discussed by the Court of Appeals in the seminal case, Payne v. Payne.
Cruelty Of Treatment/Excessively Vicious Conduct Pursuant to MD Code, Family Law §7-103(a)(6)
- Grounds for an absolute divorce
- pursuant to MD Code, Family Law, §7-103(a)(6).
- No waiting period
- Cruelty against spouse or against a minor child
- Usually includes a violence component but not always
- Grounds for an immediate divorce
One-Year Separation Pursuant to MD Code, Family Law §7-103(a)(4)
- Grounds for an absolute divorce
- Lived separate and apart for more than one year without cohabitation
- No marital relations while separated
- No-fault grounds for divorce in Maryland.
Mutual Consent Pursuant to MD Code, Family Law §7-103(a)(8)
- Grounds for an absolute divorce
- Written Marital Separation Agreement ("MSA")
- Must directly address or irrevocably waive alimony.
- Must directly address oi irrevocably waive marital award.
- If there are children, must address legal custody, physical custody and child support and be accompanied by a Child Support Guidelines Worksheet.
- Parties must appear at the final divorce hearing.
- No witness required
Separation
- Grounds for a limited divorce
- Does not end the marriage
- Does not resolve property issues
- Provides permission from the State to live separately
- Possibility of alimony
- Parties do not live together
- Parties do not have sex.
Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.
Please Call (410) 321-4994 during business hours to schedule a free consultation for the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Elkridge, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.
