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Towson Divorce Lawyer | Grounds For Divorce.

The Anatomy of the Maryland Divorce 

As a top Family Law attorney, Amar S. Weisman is very familiar with establishing grounds for when you file for Absolute Divorce pursuant to Md. Code Ann., Fam. Law § 7-103. The grounds for divorce must be properly stated in the complaint and/or counterclaim and established with corroborating evidence presented at a divorce hearing. There is no way to obtain an absolute divorce in Maryland without establishing grounds for divorce in open Court. In order for the court to have jurisdiction over your divorce claim, one of the parties must be have been a Maryland Resident for more than six months prior to filing the Complaint and/or Counter-Complaint for Absolute Divorce. Effective October 1, 2023, the Grounds for Divorce in Maryland changed to allow for Six-Month Separation, Mutual Consent and Irreconcilable Dfiferences. 

6-Month Separation 

Md. Code Ann.,Fam. Law § 7-103(a)(1) provides that the Court may decree an absolute divorce on the grounds of 6-Month Separation if the parties have lived separate and apart for 6 months without interruption before filing of the application for divorce. Insofar as this is a new grounds for divorce, Md. Code Ann.,Fam. Law § 7-103(f) provides a loophole allowing Parties who filed under the old grounds for divorce to seek an oral or written amendment and still be eligible for an absolute divorce based on a 6-Month Separation. There is a requirement that the Parties not engage in Marital Relations during the period fo separation. Md. Code Ann., Fam. Law § 7-103(b) provides that Parties who have pursued separate lives shall be deemed to live separate and apart for the purposes of a 6-month Separation if they have parties reside under the same roof and/or if the separation is in accordance with a Court Order, namely a Final Protective Order. 

Mutual Consent 

Mutual Consent is Grounds for Divorce Pursuant to Md. Code Ann.,Fam. Law § 7-103(a)(3) to the extent the Parties execute and submit a written Marital Settlement Agreement that resolves all issues relating to Spousal Support/Alimony, and property distribution pursuant to Md. Code Ann., Fam. Law §§8-205 and 8-208, Legal Custody, Physical Custody, and Child Support including a Child Support Guidelines Worksheet. The Court must find that the terms regarding the Minor Child/Children, which resolve all child-related issues, serve the best interests of the Minor Child/Children. Finally, Mutual Consent is not grounds for divorce if one of the parties files a Motion to Set Aside the Marital Settlement Agreement. The Marital Settlement Agreement is generally incorporated but not merged into the Judgment of Absolute Divorce. It is important to note that any terms regarding spousal support are subject to post judgment modification unless specified within the Marital Settlement Agreement resolving all issues. 

Irreconcilable Differences 

Irreconcilable Differences is grounds for divorce pursuant to Md. Code Ann.,Fam. Law §7-103(2). The grounds for irreconcilable differences must be fully stated when you file for divorce in the Complaint for Absolute Divorce and established in Court at the divorce hearing. 

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.